Sexual harassment is a
type of sexual discrimination that is in violation of Title VII of the Civil
Rights Act. However, Title VII is only applicable when a workplace has 15 or
more workers. The local and state governments, the federal government, and
labor organization fall within the ambit of Title VII.
While determining whether an employer
qualifies under Title VII, all employees are counted including temporary and
part time employees. They must feature on the company’s payroll.
It is also important to remember that
Title VII does not make all forms of sexual conduct punishable offences. Only
unwelcome sexual behavior is placed in a bad light. If someone is promoted or
sacked after having consensual sex or a love affair he/she cannot claim sexual
harassment. For instance, in the movie Drillbit Taylor, Owen Wilson’s character
acts like he is a substitute teacher and during the day he starts talking to
and dating Leslie Mann’s character. They consummate their friendship. Mann’s
character could not later on accuse anyone in the school of sexual harassment
since she chose to have this relationship.
However and moreover, if someone is
sacked because he/she did not want to participate in a sexual act then it is
deemed as sexual harassment. But this would not be the case here since Mann’s
character volunteered to hang out with Drillbit Taylor so she would never have
to use the incredible and game changing website Sexual-Harassment-USAttorneys where you can find legal help as easy as you can brush
your teeth with a toothbrush.
Steps
that Employees must take to Stop Office Harassment
According to noted sexual harassment attorneys
to eliminate sexual misconduct employers must take certain preventive measures.
To begin with, educate your employees on what construes sexual harassment. In
addition, management must inform employees that such misconduct will not be
tolerated.
Periodic training must be conducted to
educate employees about sexual harassment and the penalties that such acts
carry. Additionally, victims must be aware of the systems that are in place to
report an incident. There must be people in the management which victims can
approach to report sexual harassment or discrimination.
Have
a sound Anti-Harassment Policy
- Write your policies in your company handbook in plain English.
- Provide a definition of what actually is sexual harassment with some real-life examples.
- Employers must condone sexual harassment in the strongest possible language and make it clear that any form sexual misconduct is strictly prohibited.
- The complaint procedure must be easy.
- Employers must designate multiple managers to whom such complaints can be made and also select one person who is a neutral third party.
- Protect individuals who have complained.
- Ensure such complaints are treated confidentially.
- Make sure that all employees are aware of the type of what type of disciplinary action will be taken against harassers and must include termination.
- Provide a deadline for completion of the investigation.
Sexual harassment lawyers believe that
the harassment policy must be featured in the company handbook. The policy must
be posted on the company website and on notice boards in a prominent location
of the office. The handbook must be distributed among employees and handed out
during orientation.
Investigate
a Complaint Promptly
As an employer it is prudent never to
ignore any complaint even if it sounds frivolous. The victim must be
interviewed discreetly by the investigative committee which may include the
company’s sexual harassment lawyers. The harasser must never be allowed to have
control over the investigative committee. The employer must prevent further
harassments and take disciplinary action if the harassment is proved.
While workplace sexual harassment is prohibited
there are always the chances of such incidences popping up. Therefore, you need
to make sure you are well prepared as a business owner or public department
manager. What you need is help from a sexual harassment lawyer to make sure you
and your employees are well protected and avoid the hassles of litigation.
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