There is much in today’s news about sexual harassment. How is this defined legally? And why is it important to business owners, managers, and employees?
The basic VALID CLAIM of sexual harassment must prove that the environment encouraged a workplace that was hostile, intimidating, oppressive, offensive, or abusive.
The person making this claim must show that they were an employee or an applicant for a position or an unpaid volunteer and that the person was subjected to harassment because he/she was part of a protected class (i.e. gender, sexual orientation).
Further, the harassing conduct was severe or pervasive such that a reasonable person would have considered the work environment to be hostile or abusive
The person’s supervisor or employer knew or should have known of this and failed to take immediate corrective action and the complaining person was harmed by this environment.
TO BE ACTIONABLE the harassment must be sufficiently severe or pervasive to change the conditions of the (victim’s) employment and create a hostile work environment.
The FACTORS considered are:
- The nature of the unwelcome sexual acts.
- The frequency of the offensive encounters.
- The total number of days over which the offensive conduct occurs.
- The context in which the harassing conduct occurred.
WHO IS LIABLE? Employers are liable for the actions of their supervisors, managers, or agents even if the employer had no knowledge of the harassment. Supervisors are also liable for their actions.
As a RESPONSIBLE EMPLOYER, you need to know and understand these rules and maintain policies in the workplace that prohibit all forms of sexual harassment.
Call Liat for a complimentary consultation. Phone (818) 579-9996.