One of the most complicated areas
of employment law is the part of the law that deals with sexual
harassment. Jokes, pictures, touching, leering, unwanted requests
for a date have all been found by courts to be sexual harassment
in the workplace and sexual harassment in the workplace can be between
people of the same sex.
Recent court rulings put the burden on an employer to prove that
they have taken reasonable care to prevent and correct sexually
harassing behavior and that the employee (being unreasonable) failed
to prevent or correct the harassment by complaining to management.
If you are an employer who has adopted and distributed to all supervisors
and employees your policy that advises all of your staff that (a)
no sexual harassment will be allowed on your premises, (b) that
gives specific examples of prohibited behavior, (c) explains how
to inform people in authority of any behavior that they might consider
sexual harassment and (d) your pledge that you will investigate
these charges promptly; you continuously ensure that all of your
supervisors and employees are aware of our policy and re-inform
them annually; all supervisors and management have been trained
to identify and investigate sexual harassment (or you have hired
an outside party to investigate charges) and you consistently and
aggressively enforce this policy then you have lived up to the letter
of the law.
If in spite of this you find yourself facing sexual harassment charges
that could potentially ruin your business, then call the law offices
of Rizio & Nelson and we can help you understand the laws that
affect you and help you defend these charges.
We thank you for visiting the website
of California Sexual Harassment Attorneys/Lawyers. |