by cjleclaire
 Stephen Hans Blog
Jan 18, 2018 | 565 views | 0 0 comments | 15 15 recommendations | email to a friend | print | permalink

Q&A that Applies to Sexual Harassment in Small Business Environments

If you are a small business owner, you may wonder how to protect your small business from sexual harassment and resulting claims that put your business at risk.

Here are some questions and answers (Q&A) that are a good place to start when dealing with sexual harassment.

This Q&A relates to harassment by supervisors:

Who is considered a supervisor?

Any individual who has the authority to recommend tangible employment decisions affecting the employee is a supervisor. Tangible employment decisions include significant employment actions that change an employee’s status, such as:

  • Hiring
  • Firing
  • Promotion
  • Demotion
  • Work assignment
  • Undesirable reassignment
  • Significant benefits changes
  • Compensation decisions

When are employers liable for a supervisor’s sexual harassment?

Whenever a supervisor engages in harassment that results in a tangible employment action, the employers are always liable. When no tangible employment action occurs, employers are still liable unless they can show the following:

  • They took reasonable care to prevent and promptly correct sexual harassment.
  • The employee reasonably failed to complain to management or failed to otherwise avoid harm.

What steps should employers take to prevent and correct sexual harassment?

Employers need to establish policy that prohibits harassment, put it in writing and pass it out to all employers.

Employers should create procedures for making complaints and notify employees.

When a business is sufficiently small that the owner is regularly in contact with all employees, the employer does not have to put policies in writing. Employers can tell employees at staff meetings that harassment is not allowed, that employees should report harassment immediately and they can even report incidents of harassment directly to the owner.

The business should conduct a prompt investigation when harassment is reported.

When sexual harassment is discovered, the discipline for the offending employee should be comparable to the extent and type of harassment.

As much as possible, the employer should keep the harassed employee’s identity confidential. Otherwise, if the offender retaliates against the reporting employee, the company could be held liable for the retaliation.

(This Q&A applies to all types of harassment, not just sexual harassment and more information is available in the EEOC article, Questions and Answers for Small Employers on Employer Liability for Harassment by Supervisors ).

Are You Dealing with Sexual Harassment Issues in Your Business?

Stephen Hans & Associates can offer valuable legal assistance to help you protect your business. Our attorneys have more than 20 years of experience defending employers.

Comments-icon Post a Comment
No Comments Yet
Antivirus Guide
January 17, 2018
Antivirus Guide If you have any issue regarding antivirus so Antivirus Guide is a solution to Antiviruses and protects you to junk updates.
Dream solution
Jan 17, 2018 | 242 views | 0 0 comments | 7 7 recommendations | email to a friend | print
Dear Editor, “Dreamers” face a March 5th deadline for Congress to decide if they can stay in the U.S. The House and Senate are deadlocked on this issue, but a simple compromise between Democrats and President Donald Trump's GOP allies would allow 800,000 DACA recipients to remain here. A majority of them meet the criteria for the RAISE (Reforming American Immigration for Strong Employment) Act that Trump and other Republicans support. It gives preference to English-speaking immigrants with valuable jobs skills and a solid education. If Congress restores DACA, it must also pass the RAISE Act so all future immigrants will meet the same criteria. Canada and Australia, who are committed to diversity, use a merit-based immigration system. Why can't we? Under our current chain migration system, two-thirds of all new immigrants in 2017 were given green cards based on family ties in the U.S. Only 13 percent received permanent resident status under an employment-based preference category. RAISE will reverse this ratio and replace accommodation with assimilation, making America a melting pot again. Sincerely, Richard Reif Kew Gardens Hills
Comments-icon Post a Comment
No Comments Yet
1 big problem
Jan 17, 2018 | 183 views | 0 0 comments | 3 3 recommendations | email to a friend | print
Dear Editor: Extension of the 1 train from Rector Street in downtown Manhattan to Red Hook for $3.5 billion, as proposed in 2016 by Chris Ward of AECOM Engineering and now supported by Governor Andrew Cuomo, is wishful thinking. Was this $3.5 billion figure written on the back of a napkin? It cost $4.5 billion for Phase 1 of the Second Avenue subway and $2.4 billion for 7 train's Hudson Yards extension. Neither required a tunnel under the East River. And the project calls for the construction of three new subway stations, which cost anywhere from $500 million to $1 billion, depending upon location and complexity of work. Is there a political “quid pro quo” in the form of campaign donations between developers, contractors and unions who support this project and Cuomo? Sincerely, Larry Penner Great Neck
Comments-icon Post a Comment
No Comments Yet
Zero praise
Jan 17, 2018 | 150 views | 0 0 comments | 10 10 recommendations | email to a friend | print
Dear Editor, I would like to commend Mayor Bill de Blasio's Vision Zero program. I only wish he had done this years sooner. A few years ago on Commonwealth Boulevard, a good neighbor of mine was killed with his son's dog. Joe was 86 years old. Things have improved since then, with speed bumps slowing vehicles. I hope the decline of pedestrian deaths will continue. Sincerely, Frederick R..Bedell, Jr. Glen Oaks Village
Comments-icon Post a Comment
No Comments Yet