Quid Pro Quo Sexual Harassment
Employer is always liable
Hostile Environment Sexual Harassment
Employer is liable if he knew or should have known and failed to take corrective action
Recent jury awards:
Michigan: Female plaintiff - 21 million dollars
New York: Male plaintiff - 11 million dollars
Iowa: Female plaintiff -1.5 million
(Federal Jury Trial)
Most definitions of sexual harassment contain the same key elements:
Conduct of a sexual nature or other behavior with a sexual basis, which could affect the dignity of an employee, either women or men.
These actions can be unwelcome, unreasonable or offensive to the person who is on the receiving end.
Sexually harassing conduct is usually imposed upon a person who is subordinate to the offender or in an unmatched power relationship.
When any employment decision is or could be based on employee's response or lack thereof to a sexually oriented action or implied action.
Any sexually oriented conduct which can create a hostile, intimidating, humiliating or upsetting work environment.
Physical contact, sexual demands or comments, lurid suggestions, verbal abuse, insults, pornographic messages, vulgar talk, dirty jokes, innuendoes and looks are among the many actions and activities which can create a sexually hostile work environment.
Company Executive;
"…we address our company concerns pertaining to Sexual Harassment by mandating that every new employee sign our strong Policy Statement which prohibits any form of Sexual Harassment"
After Gloria filed her lawsuit, Tom stated at deposition that he didn't remember ever signing any such statement when he was hired the year before.
The fact is that most new employees will sign anything they are required to sign.
Company Executive;
"It's mandatory for every employee to attend a company orientation. Our company Sexual Harassment Policies are addressed at length."
Helen sued the company. At trial, the jury discovered that the training was never reinforced, initially inadequate and few if any paid any attention to the rules.
The fact is that company policy requires reinforcement to be taken seriously.
Absenteeism, lower productivity, poor morale, tension, higher health care costs and employee turnover are just some of the negative ramifications which result from a sexually uncomfortable work environment.
- Does your company understand sexual harassment?
- Does your company have a good policy in place?
- Is that policy being communicated properly ?
- Is it being ignored or massaged?
- Do you have a reporting procedure in place ?
- What is your strategy for training and exacting compliance?
Organization Policy
If management is ignoring policy then the employees are also ignoring those same policies.
Majeski Associates Inc. has extensive experience in finding solutions . We can help to identify those sometimes indistinguishable conditions which invite inappropriate behavior. Our investigators can detect ambient factors as well as personnel that are or eventually will contribute to a sexual harassment complaint. We effectively and efficiently and discretely conduct internal and external sexual harassment investigations.
The protections against sexual harassment are constantly being tweaked by court decisions.
Majeski Associates Inc. can also offer your organization a comprehensive training program, which can prevent sexual harassment complaints. Recognize that court decisions are constantly modifying employee protections against workplace sexual harassment. We encourage you to allow us to establish an overall sexual harassment policy for your organization.