Posted on November 27th, 2017
Sexual harassment lawsuits aren’t something that any employer wants to face. It not only could cost you time and money for your business but potential personal embarrassment.
As the owner of the business you don’t even need to be the one accused of harassment to get in trouble!
Yes that’s right. If one of your supervisors or managers has been harassing an employee, even without your knowledge, it could land your business (and you) in hot water as well.
So you can see why its something you really want to stay on top of. If you see potential for a sexual harassment situation in your business you may want to seek out professional help for advice.
The obvious time you will need these services is if you receive a sexual harassment demand letter from an attorney.
But you don’t want to wait for this to happen so be aware of other signs you might need help.
Here are 7 signs you might need sexual harassment defense lawyer.
Unless you have been living under a rock you know that sexual harassment claims have been all over the news as of late.
Unfortunately, harassment in the workplace is still all too common. It doesn’t matter if its a mom-and-pop shop in a small town or a corporation with worldwide fame.
No one is immune. Just look at the recent Harvey Weinstein scandal.
That story has opened a floodgate of sexual harassment in the workplace stories from politics, the entertainment industry and silicon valley.
This has raised awareness of the issue overall and you can bet that business are on notice and scrambling to make sure these incidents are not happening in their companies.
Has one of your employees reported an incident of sexual harassment?
Are you wondering if you should seek out a sexual harassment lawyer for your business, but you’re not sure how to proceed?
In this post, we’ll discuss how you, the employer, should handle these situations.
We’ll also help you to decide if now is time to seek out the best sexual harassment defense lawyer.
What Is Sexual Harassment?
Before we discuss your responsibilities as an employer, let’s first define sexual harassment in the workplace.
Sexual harassment is a broad term that covers a wide range of actions.
The U.S. Equal Employment Opportunity Commission defines sexual harassment this way:
- Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
Basically, sexual harassment encompasses any behaviors that make someone feel uncomfortable. The key component is that the behaviors are unwelcome and unwanted.
It doesn’t matter if the behaviors are coming from a superior, a subordinate, or a fellow employee. It doesn’t matter if the accused is someone of the opposite sex or someone of the same gender.
It also doesn’t matter if the accuser a man or woman. The truth is that men are sometimes capable of becoming victims of sexual harassment as well.
What are some specific situations your employee may report?
One common scenario is known as “quid pro quo” harassment. This is when the harasser (usually a superior) offers a promotion or other favors if the person submits to them.
They could also threaten the person with discipline, demotion, or termination if they don’t cooperate.
Another type of sexual harassment is referred to as “hostile environment.” This encompasses any sexual speech or actions that continually makes your employee uncomfortable. This includes overhearing or witnessing something that wasn’t directed at them.
Now let’s outline some specific types of harassment your employees may encounter.
1. Sexual Statements
This is one of the most obvious types of sexual harassment.
Examples include:
- Obscene jokes
- Catcalling or whistling
- Suggestive comments about appearance or attributes
- Spreading rumors about someone’s sexuality or preferences
- “Rating” someone’s appearance or sexual performance
- Talking about sexual encounters or fantasies in front of others
These comments may or may not be directed at the offended party.
2. Sexual Images
More people visit pornographic websites every day than Netflix, Amazon, and Twitter combined.
But some people cant even wait to get home before watching. It’s a very common problem for employers that some employees share and display inappropriate material, in the workplace.
Showing sexually explicit images, drawings, videos, or magazines to someone in the workplace, especially when its unwanted can all constitute harassment.
3. Electronic Harassment
In today’s age, it’s easy to send messages and files to anyone electronically.
Because of this, sexual harassment could come in the form of email, text messages, or instant messages. It could be something as simple as a link to a sexually explicit website.
This can cause real problems as the text messages are easily saved and can be used as evidence.
Even though its common sense that a text message can be shown to others and used against a perpetrator in the future it still continues to be an issue.
At times the person sending the messages via calls or text is actually using an employer paid cell phone to do the alleged harassing.
4. Unwelcome Personal Attention
If someone shows your employee inappropriate attention at work, it’s sexual harassment.
Examples include:
- Obscene letters or text messages
- Repeated phone calls or messages
- Unwelcome visits
- Invasion of personal space
- Requests for sexual favors
- “Jokes” about sexual favors
- Pressure for dates or other social interaction
When someone repeatedly expresses romantic interest–and won’t take no for an answer–it’s considered harassment.
Dating in the workplace is a natural occurrence and is pretty hard to stop. But it can cause real problems. Even if both parties mutually agree to date at the start it can be a problem later if they break up. Having to work together after a tough break up is not easy. One party may decide to still try to pursue the relationship while the other does not want to and now sees further overtures as harassment.
Now through no fault of your own, you as the employer are left to try to clean up the mess of these two failed relationship and trying to make sure your company does not get caught up in the aftermath.
Employee dating can especially be a problem for your business if one of the people in the relationship supervisors the other.
5. Physical Advances
The next step in harassment is crossing the line from words to actions.
Someone may try to hug, kiss, or otherwise touch your employee inappropriately. They may fondle themselves or expose private parts of their body. Or, they could try to force your employee to touch them somewhere inappropriate.
The most extreme cases of harassment involve rape or sexual assault (or threatening to do so).
If you have reason to believe an employee of yours, especially a manager or supervisor has crossed this line you should act immediately to ensure the physical safety of your employee.
6. “Secondhand” Harassment
In this instance, the offended party is not the direct target of the harassment.
Your employee may see or overhear someone else being harassed. Or, they could see or hear something they consider offensive.
Some co-workers may be very comfortable with each other and discuss topics in common areas like the break-room that should be kept private and between them.
For example one may be telling the other about a hot date they had that past weekend and go into graphic detail. While the person they are conversing with may not be offended by it another person overhearing it could be.
The two people having the conversation may not even be aware that another person is listening and is not comfortable hearing these details.
That is why it is very important to keep you employees aware of the fact that they should be cognizant of the conversations they are having in common areas.
You should also be sure to have a documented system for your employees to report harassment so they can report these types of issues that make them uncomfortable early on before it escalates.
7. Comments About Gender or Sexual Preferences
We live in a society where everyone has equal rights, regardless of their lifestyle.
Sexual harassment could take the form of jokes or derogatory statements about someone’s sexual preferences. It could also involve discrimination based on the person’s natural or chosen gender.
You want to discourage your employees about joking with each other on personal issues like this. We want a relaxed workplace but some areas of conversation should just be off limits at the work.
There is to much potential for someone to take offense. This is a different world we live in now and its just simply not worth the trouble to your business to risk conversations around hot button issues.
I recommend employers try not to discuss opinions on sex, politics, religion or race in the workplace.
These are the type of hot button topics that should be discussed at home with friends not with coworkers at work.
What to Do If Your Employee Is Being Sexually Harassed
You’re in the office one day when an employee asks to speak with you privately. To your surprise, they complain about inappropriate behavior from a co-worker or a supervisor.
How should you handle this situation? Is it time to pick up the phone and call the sexual harassment lawyers?
Not necessarily. While some legal action may be necessary, you should first try to settle the matter through the proper channels within your company.
Here are five steps you could take.
1. Conduct Interviews
The first thing you need to do is take any accusation of harassment seriously.
Launch a thorough investigation into the matter. Ask specific questions to the accuser, the accused, and any possible witnesses.
Assure your staff that you will be honest and fair in your investigation and that you expect the same from them.
Don’t jump to any conclusions until you’ve finished interviewing everyone.
2. Document the Harassment
Now that you’ve questioned your staff, it’s time to piece the truth together.
Take detailed notes during your interviews. Record the persons involved along with the time, date, and place. State exactly what was said and done, including direct quotes from witnesses.
Put together a timeline and make sure it’s clear and easy to understand. Don’t water down the facts or leave anything out. You’ll need all available evidence in the event of a lawsuit.
3. Make Your Decision
Now that you have the big picture, you need to decide how to proceed.
There could be a pile of evidence showing that the accused is guilty of harassment. Or, you may find that the accuser has a personal vendetta or is trying to avoid termination.
In some cases, the truth could lie somewhere in between.
It’s up to you to decide how to proceed. It could involve firing the accused or sending them for sexual harassment training. Or, it might involve explaining to the accuser that you didn’t find sufficient evidence to merit discipline.
4. Contact a Lawyer
If you intend to take any drastic actions, such as firing someone or moving them to a different department, you’ll want to seek legal advice first.
Even if you feel you did everything right with your investigation, you want to be sure you’re complying with state and federal laws. If you choose to fire the harasser, he or she could pursue a claim against you or your company.
This is why it’s vital to call an attorney and ensure you’re covering all bases.
5. Stop Harassment Before It Happens
You can’t expect to control everything your employees say and do.
However, there are some steps you can take to prevent harassment from happening in the first place.
- Make sure everyone has read (and understands) the company’s sexual harassment policy.
- Include sexual harassment training in the orientation for new hires.
- Encourage open communication regarding conduct within the workplace.
- Post the company’s sexual harassment policy in a prominent place.
- Assure everyone that you have a zero-tolerance policy.
Making everyone aware of company policies–and following through with them–should reduce or eliminate cases or harassment.
How to Choose A Sexual Harassment Defense Lawyer
In some instances, sexual harassment isn’t so cut-and-dry.
For example, what if the accuser was previously dating the harasser? What if the accuser exaggerated the nature of the harassment? What if witnesses give vague or conflicting answers?
Or what if, despite your best efforts, you simply don’t know how to handle the situation?
In this case, you need the help of an attorney. Sexual harassment lawyers are professionally trained and experienced in handling situations just like yours.
Use this form or call us at 323-285-0916 for a free 15-minute consultation.