Implemented policies and preventive measures to prevent or address harassment in the workplace. State law SB 76 makes employers liable for sexual harassment by non-employees if the employer knows of the incident, and fails to take action.
Harassment Investigation Process
The type of workplace investigation to be conducted is determined by the nature of the complaint. Sexual harassment investigations require investigative interviews of the complainant, the alleged harasser and witnesses.
Our sexual harassment investigation team will learn the company’s policies, procedures, rules and culture of the organization to aide in the investigative and information-gathering process. The workplace investigators will be able to gain the confidence and trust of those involved. If you bring in an interviewer who is not an experienced workplace investigator, the individuals involved may be less likely to discuss the details of the case.
The administrative or investigatory type interviews that we conduct in our sexual harassment workplace investigation are performed without coercion, threats, or promises of leniency. The individuals’ admissions are detailed in both written and tape-recorded form in the presence of a designated company management witness.
We can provide post-investigation recommendations regarding sexual harassment prevention, education and training. These services are priced according to your needs.
Prevent Sexual Harassment in the Workplace
Sexual harassment is a form of sex discrimination that violates the Civil Rights Act.
There are two general forms of sexual harassment: unwanted sexual contact, and a hostile work environment.
Unwanted sexual contact is an employee physically propositioned by another employee.
A hostile work environment situation is one where an employee may comment on another employee’s appearance, circulate obscene pictures, give an employee sexual objects, ask about an employee’s sex life, or tell offensive jokes.
The best way to prevent harassment is through policies, training and management to protect employees .
Sexual Harassment Prevention Tips
- Have a sexual harassment policy in place
- Communicate the policy effectively
- Make a reasonable effort to train all employees
- Document all training sessions
- Provide clear and effective procedures
- investigate sexual harassment incidents when reported
- Apply the policy quickly and consistently
Punitive Damages
An organization will be able to defend a sexual harassment lawsuit with a policy prohibiting such conduct in the employee handbook.
Employee policy handbook updates and workplace training protect employers and should be reviewed by legal counsel.