Employer Liability Issues with Supervisor Harassment
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Learn about the latest employment liability issues associated with sexual harassment.
In today's workplaces, employers are faced with significant challenges in light of the #metoo movement. Today, employees are coming forward with complaints, but which complaints constitute sexual harassment and what should an employer do when they receive a complaint? Because sexual harassment can come in all forms, and from many different parties, it is important for employers to understand how they can best educate their employees, and especially their supervisors and managers on the topic. The role of supervisors and managers is critical to understand, as there can be individual liability under applicable state and federal laws. Supervisors are the company's first line of defense, they must be charged with enforcing and implementing policies and setting the example for the kind of behavior that is and is not tolerated in the workplace. Thus, while employees should know what sexual harassment is and how to report sexual harassment, supervisors and managers must be given the training and tools to identify sexual harassment in the workplace and to respond appropriately to minimize risk. During this topic, we will talk about everything from the basics of what constitutes sexual harassment from a legal perspective to supervisor liability and how to reduce the risk of litigation by training your supervisors on these important issues.
AuthorsMarla N. Presley, Jackson Lewis P.C. Joanna M. Rodriguez, Jackson Lewis P.C.
Establishing a Baseline
• Why This Presentation and the Content Is Important
• Two Types of Sexual Harassment
• How It Arises/and What Employers Should Be Aware of
• What Your Policies Should Say - and How to Implement a Zero Tolerance Workforce
• Training Supervisors and Management to Recognize and Report
• Where Do Policies Apply and Who Is Bound by Them
• What the Law Says About Sexual Harassment and Retaliation
• Considerations and Key Points When Conducting an Investigation
• What to Do When a Report Is Made
• Dos and Don'ts of Investigations
Role of Supervisors
• Discussion of the Important Role That Supervisors Play in Implementing and Enforcing Policies
• Best Practices - Supervisor Training, Why It Is so Important
• Individual Liability Under State and Federal Law
• What Litigation Looks Like When a Supervisor Is Named in a Complaint