Employee Handbook Hints - Sexual Harassment At Work

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By Business Law Atty


Employee Handbook Hints provides business owners with informative material on employment law. Knowledge gained from Employee Handbook Hints should help protect business owners from pitfalls that can lead to expensive lawsuits and damages.

As a Business Law Attorney, I know first hand how important it is for business owners to have basic information and tools they need in order to meet their responsibilities under state and federal laws, to help inform their employees of what is expected of them and to provide employees with the necessary company policies employees are required to follow to be successful in their jobs.

In this article, I discuss sexual harassment at work.

This area of employment law is a time-bomb ready to explode for employers who do not understand their obligations and responsibilities regarding the behavior of their employees toward other employees. Business owners need to inform their employees about the expectations and limitations of behavior on the job. Businesses face significant damage awards and litigation if the business owner does not “get it right.” Two examples make this point.

On March 5, 2008, the Equal Employment Opportunity Commission reported $525,000 being paid by two restaurants as a result of sexual harassment.

-$325,000 paid by a Tampa Bay, Florida area pizza chain for subjecting female employees to a sexually hostile working environment. According to the EEOC, the restaurant's manager was sexually harassing two sisters ages 16 and 17 at the time they were employed by inappropriate touching as well as egregious verbal comments.

-$200,000 paid to two employees of a steakhouse for the sexual harassment they were subjected to at the hands of an assistant manager.

Sexual Harassment is against the law. Sexual Harassment is defined as unwelcome sexual advances and other verbal or physical conduct of a sexual nature when:

• Submission to the conduct is either an explicit or implicit term or condition of employment.

• Submission to or rejection of the conduct is used as a basis for any employment re­lated decision effect­ing the person who rejected or submitted to the conduct.

• The conduct has the purpose or effect of un­reasonably interfer­ing with the person's work performance or creat­ing an intimidat­ing, hostile or offensive work environment.

Sexual Harassment is no joke. Companies have found themselves in hot water because of off-color jokes told in the workplace as well as use of demeaning language, such as "honey," "sweetheart" and "cutie."

Professionally written employee policies are vital to inform employees of the conduct that will not be tolerated by an employer, in defending a business against employee accusations and in protecting their business in government investigations of wrongdoing. Whether or not you or your company is accused of violating state or federal laws, and regardless of the size of your business, every company should adopt a sexual harassment policy under which adherence by all supervisors, managers and employees is required. Many of these policies provide for disciplinary action, including termination of employment, where sexual harassment is established.

For many years I have urged business owners to have an effective Employee Handbook customixed for the state in which the business operates. As business owners are required to be compliant with federal and state laws, business owners must know exactly what the laws expect of them. Likewise, in order for an employer to hold an employee accountable for the employee’s actions or failure to act, a business owner must provide information to their employees in a clearly written and documented fashion. A properly attorney prepared Employee Handbook that is customized to meet both federal and your state's laws is vital in protecting your business from the threat of employee lawsuits..

From the employee's perspective, an Employee Handbook serves two key purposes. First, the Employee Manual informs employees of acceptable behavior in carefully written employee policies customized to meet federal and state law. Secondly, by reading each employee policy, the employee knows the acceptable norms for successful employment in your company.

With today's workforce having an increasing number of Hispanic employees, a Spanish Employee Handbook is strongly recommeded so that these employees can understand what is expected of them, and the acceptable standards for employee behavoir.

If you have any comments or suggestions on areas of business employment law you’d like covered in Employee Handbook Hints, just let me know.

I appreciate your interest in Employee Handbook Hints. Keep in mind that your business is taking care of business, and not the practice of law. The information in this article should not be used as legal advice. No attorney-client relationship exists because of your reading this article or sending and receiving e-mails. Should you have specific legal issues, you should contact a Business Law attorney in your area.

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heartharmony profile image

heartharmony  says:
17 months ago

I agree totally. Unless all companies have clear sexual harassment policies that are regularly communicated to all employees; and they can prove they have taken all reasonable steps to regularly and systematically educate their employees, then the consequences for a breach are very serious.

This is the same no matter whether you are in the USA or Australia. Here is a link to an Australian employee policies manual for Aussie readers.

heartharmony profile image

heartharmony  says:
17 months ago

I agree totally. Unless all companies have clear sexual harassment policies that are regularly communicated to all employees; and they can prove they have taken all reasonable steps to regularly and systematically educate their employees, then the consequences for a breach are very serious.

This is the same no matter whether you are in the USA or Australia. Here is a link to an Australian http://www.heartharmony.com.au/hr-manual.html employee policies manual for Aussie readers.

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