Sexual Harassment

Sexual harassment and sexual misconduct in the workplace have far-reaching and detrimental implications. Not only do they create a hostile work environment, but they also undermine the rights and dignity of individuals. Victims often experience psychological trauma, anxiety, and emotional distress, leading to lower job satisfaction and decreased productivity. These acts erode trust, foster a culture of fear, and hinder open communication amongst colleagues. Moreover, they perpetuate systemic gender inequalities and power dynamics, reinforcing discriminatory practices. By addressing and combating these issues, organizations can foster an inclusive and safe workplace environment conducive to growth, productivity, and equal opportunities for all employees.

What To Do If You Experience Sexual Harassment or Misconduct?

• REPORT IT

  • Any time you get an unwanted advance or find yourself in a very uncomfortable situation with any employee of the company, report it

  • The companies is required to conduct an investigation

    • Investigations will include a statement from all parties involved including any witnesses

    • The conclusion of the investigation may vary depending on the findings, some conclusions may lead to terminate, others may lead to counseling and conduct training with a final notice criteria

      • If the result does not lead to a termination, the company must find a way for both parties not to repeat the same concerns

      • Also, if the result does not lead to termination, DO NOT retaliate in any form. For example, do not take it personal and try to find other reasons for termination, *Retaliation Polices protect every employee

Responsibilities of the Employer:

• Have a firm Sexual Harassment policy

  • make sure to abide to any legal parameters regarding harassment and discrimination

• Legal requirement to train managers

  • managers and people of authority must receive training on conduct, harassment, and topics surrounding employment expectations and practices

• Training focusing on Sexual Harassment

  • it is good to have a robust training solely about sexual harassment

SEE HERE to purchase Daily Pro’s Sexual Harassment Presentation

When Sexual Harassment is Reported

• Be immediate and begin investigation

• Interview the alleged victim first

• Take thorough notes

• All notes and documentation are open for discovery and admissible in court

• Employees have 300 days to file EEOC claim

SEE HERE to purchase Daily Pro’s “Conducting Workplace Investigations” Packet

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Legal & Insurance

Speak Out Act (Federal Law, 12/07/2022)

S. 4524, the “Speak Out Act,” which prohibits judicial enforcement of a non-disclosure clause or non-disparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment.

• The law is designed to stop companies from covering up misconduct.

• Employers cannot force employees into arbitration regarding sexual harassment claims

• Employer cannot have an agreement with employees upfront that states employees cannot say anything disparaging about the company

  • Ending Forced Arbitration of Sexual Harassment Act (Federal Law, 03/03/2022)

*Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury.

Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed programs, and resolving community disputes.

• Arbitration agreements are a way to limit litigation costs and keep disputes confidential. But signing an arbitration agreement also means giving up important rights. Before signing, it pays to read arbitration clauses and reject or renegotiate anything that you (the employee) uncomfortable with.
  

EPLI – Employer Practices Liability Insurance for companies

Employment practices liability insurance, known in the trade as EPL insurance or EPLI, provides coverage to employers against claims made by employees alleging:

• Discrimination (based on sex, race, age or disability, for example)

• Wrongful termination

• Harassment

• Other employment-related issues, such as failure to promote

Large corporations typically have substantial employment practices insurance coverage in place and are prepared to deal with just about any employment lawsuit.