In 2014, the U.S. Equal Employment Opportunity Commission received just under 7,000 claims of sexual harassment.
- Employers spent millions of dollars to defend themselves against unwarranted claims & tens of millions more in settlements for both bona fide & dubious claims.
It is surprising how many employers do not realize that an employer is liable for sexual harassment by a supervisor—even when the employer had no knowledge of it. This lack of realization exists despite the fact that the U.S. Supreme Court made this very clear as far back as 1998.
- In two 1998 cases (1-Burlington Industries, Inc. v. Ellerth & 2-Faragher v. City of Boca Raton), the Court held that employers are subject to “vicarious liability” for unlawful harassment by supervisors.
However, the U.S. Supreme Court also noted that an employer may be able to avoid liability or at least limit damages by establishing an “affirmative defense”, the elements of which are described in the next paragraph.
RECOMMENDED EMPLOYER ACTION
- Periodically conduct anti-sexual harassment training for all employees
- Have & consistently enforce a written anti-harassment policy stating such actions will not be tolerated
- Ensure the existence of a complaint process by which employees who feel they have been subjected to sexual harassment can safely make it known
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HOW TRINITY CAN HELP
Trinity’s Team has the experience and expertise to:
- Conduct anti-sexual harassment training
- Develop or strengthen your anti-harassment policy
- Review your complaint process
- Review your investigation process
For more information, email Trinity at info@TrinityHR.net or visit our website at www.TrinityHR.net.