A sexual harassment policy could save 바카라 시스템 reputation and 바카라 시스템 business

As allegations of sexual harassment continue to emerge, it is more important than ever to refocus and reset expectations within 바카라 시스템 business so that you are ready to both prevent and address any foreseeable issues.

The time is now to open 바카라 시스템 eyes to the possibility

After all, claims of sexual harassment are damaging to the internal workings and culture of 바카라 시스템 business and to its reputation as well. If there are reports of harassment in 바카라 시스템 workplace, take control of the situation by following some of these critical steps:

• Immediately investigate the allegations and seek out proper counsel on steps to follow. Employers who fail to investigate allegations, or who have knowledge 바카라 시스템 circumstances and do little to nothing to resolve it, are opening themselves up to additional and potentially avoidable liability.
• Don’t have 바카라 시스템? Get one. Business owners are quick to analyze and anticipate rumors related to financial crises, client retention rates and declining revenues, but are they prepared to protect employees and address allegations if harassment occurs? Not usually. For many business owners, there is an inherent and innocuous belief that they are insulated from this possibility. But allegations of sexual harassment can not only ruin the internal culture you have created, they can crush 바카라 시스템 reputation and brand. An employee manual will let 바카라 시스템 employees know that you have their back and can also address possible offenders with clear and decisive expectations — reducing 바카라 시스템 liability, protecting 바카라 시스템 employees and ultimately protecting the business overall. There is simply no downside to having a reliable and well-drafted employee manual — regardless of the size of 바카라 시스템 business!
• Establish safe havens for reporting with clear and accessible open-door policies. Many victims of workplace harassment indicate that they did not come forward because they did not feel comfortable doing so. Identify dedicated persons within the business who can properly manage any employee. This means you may need more than one person for the job. Providing employees with a compassionate and comfortable environment to discuss such pivotal and conceivably defining moments is vital to the values you likely already promote in 바카라 시스템 office culture. Communicate regularly with these identified persons to show 바카라 시스템 transparency and willingness to be responsive to any concerns that are raised.

If 바카라 시스템 occurs, take appropriate action by considering the strength of the evidence, type of aggressive behavior, prior history of the accused and prior adverse action taken by the harasser against the employee.

Know when 바카라 시스템 liable

The U.S. Supreme Court set the standards for 바카라 시스템 liability in 1998 with two cases it decided on the same day: Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. While new cases may continue to change the interpretation of statutes, these two in particular set the stage for any 바카라 시스템 owner.

Faragher v. City of Boca Raton

For five years in the late 1980s, Beth Ann Faragher worked part time as a lifeguard for the Marine Safety Section 바카라 시스템 Parks and Recreation Department in Boca Raton. In 1992, she brought an action against two supervisors and the city, filing claims under Title VII (바카라 시스템 1964 Civil Rights Act) and Florida law, arguing that her then-supervisors created a “sexually hostile atmosphere” at the beach.

Incidents of 바카라 시스템 allegedly included “uninvited and offensive touching,” lewd remarks and offensive comments against women. To defend itself, the employer had to prove it had exercised “reasonable care” to prevent such behavior and that Faragher had unreasonably failed to take advantage of any preventive or corrective opportunities in the workplace.

In the decision, the Court laid out the standard for such cases, writing that, “바카라 시스템 subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence.”

Burlington Industries, Inc. v. Ellerth

Burlington Industries, Inc. is an American textiles company where Kimberly Ellerth worked for 15 months as a salesperson before quitting. She eventually alleged that the reason she left was because she had been “subjected to constant sexual 바카라 시스템 by one of her supervisors.”

This supervisor was a mid-level manager with the authority to hire and promote employees. Ellerth alleged on three separate occasions that the supervisors at her workplace could be seen as threats to her. Ellerth did not report the 바카라 시스템, even though Burlington Industries had a policy against it. She rebuffed all advances and did not suffer any retaliation. She was even promoted once.

In the decision, the Court addressed this question, establishing that, “Under Title VII, an employee who refuses the unwelcome and threatening 바카라 시스템 advances of a supervisor, yet suffers no adverse, tangible job consequences, may recover against the employer without showing the employer is negligent or otherwise at fault for the supervisor’s actions, but the employer may interpose on the affirmative defense.”

To successfully defend itself, an 바카라 시스템 must prove:

• 바카라 시스템 exercised reasonable care to prevent and correct promptly any sexually harassing behavior; and
• The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the 바카라 시스템 or to avoid harm otherwise.

In the end, reporting sexual harassment is the right thing to do, from both an employee’s and employer’s perspective. If you’re an employer, the earlier that you discover and end the unlawful behavior, the more potential you have for preventing claims. Such claims can seriously damage 바카라 시스템 reputation, 바카라 시스템 prospects for investment and 바카라 시스템 bottom line.

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