Sexual Harassment
Sexual harassment is quite a controversial topic and is very much in the news and the public psyche these days. With celebrities and other public figures being accused of it, what is it and more importantly, what can employers do to reduce this? Now is the time to consider how you as an employer can prevent it in the workplace. This is not just about preventing claims. The best way to maintain a happy workplace and avoid liability is to tackle the issue head on. This means putting the right policies in place and consistently following through on those policies.
1. Written Policies about Sexual Harassment
It should be absolutely clear that sexual harassment is prohibited, is against company policy, and should be reported. This should be done in some format which is signed by all employees including supervisors, so that there is evidence that both the claimant and alleged perpetrator were made aware of the policies.
2. Multiple Channels for Reporting
The policy should provide for multiple people to whom employees can report harassment, so that the claiming employee is not required to report to the alleged perpetrator.
3. Fraternization policies and relationship reporting
The company should consider a policy against relationship between employees, at least as between supervisors and supervisees. At a minimum, the company should require employees to report co-employee relationships in writing, so that you are not surprised by a claim that you should have known of an ongoing relationship that later turns bad.
4. Taking action
Having policies is not enough. The company is required to actually act on allegations of sexual harassment, and take steps to ensure that such incidents do not continue.
5. Seeking outside help
If a serious claim of sexual harassment is presented, the company should consider retaining an investigator skilled in both employment law and mediation to investigate and attempt to resolve the issue.
Please contact us for a free consultation if you would like a review or revision of your sexual harassment policies, or if you need help responding to a sexual harassment issue.
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Sam Ventola has a wide variety of experience in business formation, business litigation, legal education, and business mediation. When he is not helping business owners, he enjoys volunteering in his community and spending time with his family, especially his grandson, Jack.
Ventola Law serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties.
