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February 2010
Past Newsletters
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HR Issues
The Law
In order to understand HR Issues, it is important to understand what law we are dealing with . As we go through each of the HR Issues set forth below we will discuss the actual law that deals with that topic and advise you as to which employers are covered employers under that law. We will also provide information to you regarding whether there are state laws on that issue that run concurrently with the federal law.
What Are the HR Issues You Need To Be Aware Of?
What the Law Requires
- Have a well drafted employment law policy which should include a complaint procedure
- Provide training for your managers and employees
- Take all complaints seriously
- Conduct a prompt thorough investigation of any complaints and/or any violation of the policies your managers witness in the workplace
- Take prompt corrective action to eliminate the violations
Lesson for Employers: Never Ignore a Complaint of Sexual Harassment, Even If It Is Between Members of the Same Sex
The Cheesecake Factory, Inc. learned this the hard way when they were recently sued by the EEOC for failing to respond to complaints by male Cheesecake Factory workers that they were being harassed by other male co-workers. The male employees complained to management at the restaurant about same-sex harassment but management ignored the complaints and allegedly did nothing. The EEOC attorney for the plaintiffs stated that [a]ll employees, both men and women, have a right to work in a harassment free workplace.
The lesson for employers is clear. When employees complain about harassment the law requires the employer to take action to eliminate the harassment and ensure that the workplace is harassment free. This is true whether the harassment is between members of the opposite sex or the same sex. In 1998, the US Supreme Court in the case of Oncale vs. Sundowner Offshore Services held that members of the same sex who harass each other are engaging in sexual harassment and that sexual harassment does not have to occur between members of the opposite sex. So employers should be careful to not ignore complaints of sexual harassment even if they occur between same-sex employees. Always take complaints of sexual harassment seriously and act immediately to eliminate any possible harassment in your workplace.
In 2008, the Equal Employment Opportunity Commission (EEOC) reported that 13,867 sexual harassment charges were filed nationwide which resulted in. $47.4 million dollars in liability for U.S. companies. Sexual harassment is alive and well in our country and employers need to protect themselves from potential liability for sexual harassment. Sexual harassment is a subset of sex discrimination that is prohibited by federal law under Title VII of the Civil Rights Act of 1964. It is also prohibited by most state and local laws.
There are two kinds of sexual harassment; quid pro quo and hostile work environment. The EEOC defines Quid Pro Quo sexual harassment as existing when there are unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. Quid Pro Quo sexual harassment is the situation when a manager says sleep with me or you will be fired. It is when a manager (it must be a manager because only a manager has the power to control the terms and conditions of the subordinates employment) requests sexual favors in exchange for promises of job advancement or threatens job detriment for a refusal to perform sexual favors.
The other type of sexual harassment is hostile work environment harassment. This exists when there are unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile or offensive working environment.
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