An Employee Has Reported Sexual Harassment – Now What?

 
Jobs Employment, Career Job, Employment Job

by: Donna M. Ballman

Your employee has complained that her supervisor is sexually harassing her. What do you do?

Answer: You must do a prompt investigation into the accusation and take prompt appropriate action.

Some preventive actions you should have already taken are:

Train personnel and managers: Make a clear and unambiguous statement of the company’s position against sexual harassment. Give information about possible solutions to problems. Let managers and employees know what they are supposed to do.

Written sexual harassment policy: Make sure there are at least two people to whom the person may report. If the policy requires the victim to report harassment to her supervisor and the supervisor is the harasser, the company will be liable even if the harassment was not reported. Make sure the reporting procedure is clear and widely distributed. Define sexual harassment clearly. Include illegal sexual discrimination, unwelcome advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature. Make it clear that submission to such conduct cannot be used as a basis for any employment decisions. Ban all behavior unreasonably interfering with work performance, or creating an intimidating, hostile, or offensive work environment. Include examples, but make it clear that the list of examples is not intended to be all-inclusive.

If procedures are in place, follow the procedures.

Thoroughly investigate: Interview the complainant and the alleged harasser. Ask questions neutrally. Ask open-ended questions. Make sure all witnesses are identified and interviewed. What did the employee do in response to the alleged harassment? What action does the employee want you to take? Advise both the accuser and the alleged harasser of the time by which a resolution will be reached. Make a prompt determination as to whether any action should be taken to separate the parties during the investigation, such as transfers or assigning a new supervisor.

Take prompt action: Impose discipline if necessary, and finalize the investigation promptly. Advise the complainant of the action taken. If no harassment is found, advise the parties, restate the company policy against harassment to both parties, and advise that no adverse action will result to either party as a result of the complaint.

Don’t overreact: An employer who simply fires an employee in response to an accusation of harassment without an investigation may be held liable. I handled a case where an accused harasser was fired without any investigation and the accuser later admitted that there had been no sexual harassment. The employer settled the lawsuit for defamation of character.

Don’t retaliate: Advise the alleged harasser that no retaliatory action may be taken against the complainant. Advise the complainant that if any retaliation occurs she should report it. A victim of sexual harassment should not have to work in a less desirable location as part of the remedy. A transfer to a position that leaves the victim worse off is not allowed.

With a policy in place, and procedures that are promptly followed, an employer need not worry about sexual harassment claims.

If you need to update your policies, or find yourself dealing with a sexual harassment complaint, contact an employment law attorney to assist you.

Wrongful Termination in an At Will Employment Scheme

  
Jobs Employment, Career Job, Employment Job

In most states in the U.S., terminating an employee without any clear and formal basis is illegal. Companies, organizations and even government agencies that will be found guilty of such actions may be held liable in a wrongful termination lawsuit filed by the discharged employee. This is to recover damages from the employer including loss of wages and "fringe" benefits.

On the other hand, in an "at will" jobs employment system such as in California, proving a wrongful termination claim is definitely difficult and complicated. "At will" employer-employee relationship scheme indicates that any employer may terminate an employee from his job position even without any reason except those that are specified under the law. This gives the freedom for most companies to decide whether to lengthen the services of an employee or terminate him without the risk being charged of wrongful termination.

"At Will" Employment Exemptions
Although "at will" employment scheme is not prohibited in California, terminating an employee on the following bases are considered violations of the law and can be subjected in a legal action:

• Ethnic group, gender, marital status, national origin, disability and religious and/or political affiliation
• Retaliation for a whistle blowing feat or testifying against the company
• Overtime pay demands including lunch and rest breaks
• Lodging requests
• Seeking for pregnancy, family and/or medical leave
• Refusal to work in a hazardous workplace
• Refusal to sign an illegitimate non-compete agreement

In addition, an "at will" employment scheme may be nullified in the presence of a contract that specifies the terms and conditions of employment. These agreements include stipulations such as job description, work hours, compensation and benefits, dispute resolution, tenure of employment, etc. If duly signed by both the employer and the employee, this will prevent the employers from terminating the employee without any grounds stated in the contract.

Legal Actions

If in case an employer has terminated an employee due to any of the above mentioned bases, the discharged worker may file the corresponding lawsuit against the employer or the company. Yet, in seeking for justice, it is always advisable to have consultations with a wrongful termination attorney especially if an employee does not have sufficient understanding of the Labor Law provisions.

Illegally terminated employees must understand that the filing a case require basic knowledge about legal procedures. This explains the importance of hiring a credible legal counsel for assistance and representation. Attorneys who are experts in the field of Labor Law will definitely improve a wrongful termination claim’s winning potential.

Seek only expert Attorney Services in resolving wrongful termination issues.
 

By Mesriani Law Group

Religious Discrimination: When to Call in Employment Law Solicitors

  
Jobs Employment, Career Job, Employment Job

By Jess Moss

In the UK, everyone has the legal right to be treated equally in the world of work regardless of their religious beliefs. However, there are occasions when religious beliefs are not respected and workers find themselves the victims of discrimination due to their religion. With the help of employment law solicitors, victims of discrimination on religious grounds can take legal action.

The Employment Equality (Religion or Belief) Regulations 2003 made it unlawful for an employer to discriminate against an employee or potential employee on the grounds of religious belief. This means that anyone who believes they have been the subject of direct or indirect discrimination, victimization or harassment due to their religion should take the advice of employment law solicitors to be sure of their rights.

The law covers such behavior as name calling on the grounds of religion, refusal to allow observance of religious practices or the wearing of sacred items or unfair dismissal. Furthermore, an employer cannot legally dismiss a job application on the basis of the applicant’s religion. The law is complex in this area and there are times when discrimination can be difficult to prove. It is for this reason that advisory organizations recommend taking the advice of employment law solicitors.

There are a number of resources which can help workers to understand their rights and the obligations of their employers in the eyes of the law, so that that they can ensure that their rights are being respected. The Citizens’ Advice Bureau is one such resource. Where a person suspects they have been victimized on the grounds of their religion, they should consult employment law solicitors as soon as possible to establish whether they have a case and how successful it is likely to be.