According to the Society for Human Resource Management (SHRM), employer liability for sexual harassment has been a controversial issue in the courts. The U.S. Supreme Court has ruled that an employer is always liable for a hostile work environment created by a supervisor when the discrimination is a tangible employment action (significant change in employment status such as hiring, firing, failing to promote or a change in benefits).
In a hostile environment case with no tangible job action, “the employer is only presumed liable for a supervisor’s harassment. The employer may have an affirmative defense against such a claim, and avoid liability, if the employer can show that it had and enforced a policy against sexual harassment and that the complaining employee unreasonably failed to take advantage of preventive or corrective opportunities that the employer provided.”
SHRM strongly suggests to “establish a written nondiscrimination policy, including a specific policy against sexual (and all other forms of) harassment.” This should be published in the employee handbook. They also suggest to conduct regular training seminars on sexual harassment and require mandatory attendance, keep records of attendees at each session and investigate ALL complaints of sexual harassment.
Courts encourage employers to educate their workers about the policy by conducting training for managers and employees. Western Growers is offering a training session on November 20, 2018, in Fresno to cover these topics and other best practices to combat harassment issues in the workplace.
- WG Member: $60
- Non-WG Member: $75
LOCATION & DATE:
Tuesday, November 20, 2018
WG Fresno Field Office (7575 N. Palm Ave., Ste. 101, Fresno, CA 93711)
- ENGLISH | 9:30 AM – 11:30 AM | REGISTER HERE
- SPANISH | 1:00 PM – 3:00 PM | REGISTER HERE