In any workplace, the danger that an employer will be held responsible for a sexual harassment claim is real. Moreover, even marginal claims cost the company dearly in legal fees and resources. It is naïve to assume that any employer can completely do away with potential exposure and liability. Nonetheless, there are general guidelines an employer can follow to reduce the risk and liability of sexual harassment claims:

• Create and disseminate a written sexual harassment policy, which provides a “user-friendly” mechanism to report known or suspected harassment situations;

• Educate all employees about the company’s sexual harassment policy and train supervisors and management to spot and report risky situations;

• Genuinely encourage employees to report instances of known or suspected harassment;

• Investigate promptly and thoroughly all internal complaints alleging sexual harassment; and

• Act promptly to remedy any sexual harassment found to have occurred, including disciplining the harasser (typically, discharge).

This text originally appeared in Employment Law Answer Book, Ninth Edition (Wolters Kluwer). Reprinted with permission. See also, Employment Law Frequently Asked Questions

For further information regarding these matters, please contact Mr. Filipp at 248 619 2580 or via email.