There are many mine fields in employment law that require significant legal expertise and experience to navigate. A few areas of frequent employer misunderstanding include the scenario in which an employee complains of some type of sexual harassment but tells the employer "I don't want to get him in trouble, so don't do anything. I just wanted you to know." Yes, you must still get all the details, investigate and take appropriate action depending on the findings. The employer has a duty to investigate and take remedial action, regardless of the employee's stated wishes.
Another issue that comes up is harassment of an employee by a customer, vendor, supplier, or other non-employee guest. As the employer, you have a duty to provide a workplace free of discrimination and illegal harassment. You may end up needing to ban the vendor, or even tell the customer they are no longer welcome. A somewhat related issue involves the complaint of sexual harassment of an employee by another employee but off the premises or after work hours. Yes, there is still a duty to investigate and take appropriate action as these things are still generally considered workplace issues.
Another common issue involves the alleged harasser who admits to the sexual jokes, etc. but gives her defense as "I was only kidding." Whether the harasser is kidding or not is legally irrelevant. Is the conduct sexually offensive subjectively and objectively is one of the main questions in litigation of sexual harassment cases.
There are numerous other misconceptions and pitfalls for employers in this area. Get professional help when issues of workplace harassment and misconduct arise. If you misstep or overestimate your knowledge of employment law, the costs can be devastating. http://www.employmentlawman.com/monday-morning-musings.html
Another issue that comes up is harassment of an employee by a customer, vendor, supplier, or other non-employee guest. As the employer, you have a duty to provide a workplace free of discrimination and illegal harassment. You may end up needing to ban the vendor, or even tell the customer they are no longer welcome. A somewhat related issue involves the complaint of sexual harassment of an employee by another employee but off the premises or after work hours. Yes, there is still a duty to investigate and take appropriate action as these things are still generally considered workplace issues.
Another common issue involves the alleged harasser who admits to the sexual jokes, etc. but gives her defense as "I was only kidding." Whether the harasser is kidding or not is legally irrelevant. Is the conduct sexually offensive subjectively and objectively is one of the main questions in litigation of sexual harassment cases.
There are numerous other misconceptions and pitfalls for employers in this area. Get professional help when issues of workplace harassment and misconduct arise. If you misstep or overestimate your knowledge of employment law, the costs can be devastating. http://www.employmentlawman.com/monday-morning-musings.html
RSS Feed