Educating our clients to prevent damaging harassment lawsuits
At Midwest Legal Partners, PLLC, we strive to educate and counsel our clients to avoid being held liable for their employees' harassing behavior and conduct.
We protect the interests of clients when they are faced with damaging harassment claims. Even a frivolous harassment lawsuit can stain an employer's reputation and cripple its working environment.
We work diligently to provide training and counsel to our business clients to prevent costly litigation; however, when a complaint arises, we do react immediately and efficiently to protect our clients' interests.
We protect the interests of clients when they are faced with damaging harassment claims. Even a frivolous harassment lawsuit can stain an employer's reputation and cripple its working environment.
We work diligently to provide training and counsel to our business clients to prevent costly litigation; however, when a complaint arises, we do react immediately and efficiently to protect our clients' interests.
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Harassment in the Workplace
Harassment is a form of employment discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). The U.S. Equal Employment Opportunity Commission states: "Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive." However, isolated comments or incidents may not rise to the level of unlawful harassment. Nevertheless, employers should be very cautious regarding harassment and harassing conduct. Specific policies, procedures, and training should be in place to avoid and prevent damaging harassment lawsuits. Employers should take appropriate actions to prevent and correct unlawful harassment. Management staff should clearly communicate to all employees that unwelcome harassing conduct will not be tolerated. Employers could face costly litigation if they lack experience and knowledge regarding complex employment laws, including the following: Title VII of the Civil Rights Act of 1964 The Family and Medical Leave Act (FMLA) The Equal Pay Act of 1963 (EPA) Employee Retirement Income Security Act (ERISA) Title I of the Americans with Disabilities Act of 1990 (ADA) Employee Retirement Income Security Act (ERISA) The Age Discrimination in Employment Act of 1967 (ADEA) Occupational Safety and Health Administration Act (OSHA) The Pregnancy Discrimination Act Sections 501 and 505 of the Rehabilitation Act of 1963 The Genetic Information Nondiscrimination Act of 2008 (GINA) Fair Labor Standards Act (FLSA) |
Types of Harassment
Harassment comes in many forms and if employers do not have the employment law experience or knowledge to recognize it, damaging lawsuits could arise. Harassment claims can involve the following: Lewd and sexually explicit comments Jokes that are sexually charged and/or offensive Quid pro quo Requests for sexual favors Sexist behavior and actions Inappropriate touching Workplace assault 
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Important Questions to Consider:
1. Does your business have an experienced, trained, and skilled HR department? 2. Does your business have an employee handbook? If so, has it been reviewed or updated recently? 3. Does your business have specific policies and procedures in place to address workplace issues? 4. Does your business have periodic employment law training sessions? 5. Does your business wait to contact an attorney only if a lawsuit has been filed against it? 6. Has your business faced (and/or continues to face) damaging employment lawsuit(s)? 7. Do you or your business' managers know what discrimination, harassment, and other legally defined terms really mean? 8. Do you have employment agreements in place? If so, who drafts them? 9. What does your business do when it is faced with a workplace issue? 10. Does your business stay informed of changes in state and federal employment laws? 11. Who answers employment law questions within your business when they arise? Did any of the questions above make you pause and think? Contact us to discuss these questions in detail and possibly design an action plan. |