Friday, January 29, 2016

How employers should you manage a sexual harassment claim?

Sexual harassment is most rampant in the work place environment than any other environment reveal numerous studies on the topic. There is no doubt that it is despicable and unacceptable behavior that needs to be dealt with strongly in order to terminate the problem in its roots. But unfortunately it may only become worse if thousands of Syrian refugees are allowed to come into America. What is going on in Germany and other parts of Europe now is frightening.

This is not something that Austin, TX sexual harassment lawyers are willing to accept. You can find some of the best ones in the business right here: http://sexual-harassment-lawyers.usattorneys.com/texas/.

If condoned, it can foster an unhealthy working environment where professionals actually start to accept it as fate and live and work with it. No one deserves to be a victim of such harassment and hence should always speak up and retaliate when such harassment ensues.

The Minimum Employee Count

According to Austin, TX sexual harassment lawyers, every employer that employs 15 or more employees is required to (both by federal law and state law in most states) have a well detailed sexual harassment policy in place in order to deal with and manage any incidents of sexual harassment.

Yet, we hear all too often of cases where complaints of sexual harassment or discrimination at the work place fell on deaf ears and the employer did nothing to investigate such complaints or take action against the perpetrator.

In such cases, the victim has the right to file a civil sexual harassment lawsuit seeking damages not only against the perpetrator(s) but also the employer for negligently failing to take any action following the sexual harassment complaint. Such sexual harassment lawsuits say Central Texas sexual harassment attorneys can be costly for the organization or even the person, Bill Clinton knows all about that. Because of this time and cost, it just makes sense that organizations do their best to curb this behavior before it starts.


How an employer should handle a sexual harassment complaint?

Ideally, an employer will not only have a sexual harassment policy in written format but will also act accordingly when such situations arise. It is not rocket science, an employee with a sexual harassment claim will take it up with a human resources member and either an internal probe\investigation will be initiated or an external law firm or sexual harassment attorney will be appointed to carry out an unbiased investigation into the claim. 

Depending on the findings of this investigation, the company or public organization will proceed to take action against the perpetrator.

Four Simple Steps for Employers on How to Handle a Sexual Harassment Complaint

Basically, there are four steps that every employer needs to follow. First is to have a written policy about sexual harassment. The next step is to investigate any claim in a timely manner (within 24-48 hours) and then investigate (internally or via an external law firm) and ascertain whether the claim is credible. Finally, the employer must take disciplinary action against the person who was guilty of sexual harassment (counselling, suspension, termination depending on the severity of the sexual harassment).

Another thing the employer must not fail to do which Austin, TX sexual harassment lawyers know all about is to maintain a written record of all complaints, findings, and actions that were taken in the case. This material can come especially handy in case of litigation.

If you are an employer it is prudent to seek legal counsel to make sure you and your employees are well protected against sexual harassment and discrimination. On the other hand, if you or a colleague or just anyone you know have been tolerating sexual harassment at the work place, we strongly urge you to contact the EEOC or an Austin, Texas sexual harassment lawyer in order to put a stop to the harassment and receive the compensatory damages you rightfully deserve. 

This will not be an overnight process so be prepared! 

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