sexharcomp

How to Handle Sexual Harassment -

A Company Perspective

Sexual harassment claims are prevalent in today's society and cost
companies a great deal to defend, both in money, time and negative
exposure. From our experience, most claims can be avoided or
minimized by taking the following steps:

1. Sexual Harassment Policy - It is essential that a company publish a
sexual harassment policy and distribute it to all employees. In addition, a
company should post a copy of the policy in an area accessible to all
employees. This could be a vital part of the company's defense in a suit.

2. Training - It benefits the company if your supervisory employees have
attended training courses or seminars on sexual harassment. In court, the
company can point to these seminars as an effort to eliminate harassment
in the workplace.

3. Investigate Claims - Invesigate all claims promptly and thoroughly, no
matter how trivial.

4. Separate the victim and the accused - If possible, during the
investigation, separate the victim and the accused.

5. Take Action Quickly - Once the investigation is completed, take
immediate action. Most courts look to see whether the company took
prompt remedial action. Depending on the circumstances, remedies
might include termination, reprimand or apology. If no harassment is
found, counsel the victim on your results and on the definition of sexual
harassment. Encourage the victim to contact the appropriate personnel
immediately if he or she experiences any more problems. Do not punish
the victim! This could result in a retaliation claim.

6. Always consult an attorney - The laws are constantly changing as new
cases are decided. It is best to consult an attorney when you receive
claims. A skillful attorney can often promptly resolve these cases.

7. Cooperate with regulatory agencies - This should be a given. If the
EEOC or local agency does an investigation, do everything possible to
cooperate.

Not certified by the Texas Board of Legal Specialization