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Handling Sexual Harassment in the Workplace
No CommentsValentine’s Day always brings out plenty of talk of romance, love and even sex — topics that can spell trouble when they come up in the workplace. Watercooler talk, however innocently intended, can be interpreted as sexual harassment if it falls on unwelcoming ears. With that in mind, I’ve been reading up on the news about sexual harassment laws in the U.S. this week.
There have been some interesting cases as well as updates and proposed updates to legislation recently. Here are a few blog posts and articles I found particularly helpful.
Bill Offers Sexual Harassment Protection for Unpaid Interns. The Daily Texan: “In Texas, unpaid interns do not have legal protection against sexual harassment in the workplace. Rep. Senfronia Thompson (D-Houston) filed HB1151, which would work to provide unpaid interns with sexual harassment benefits equal to that of their paid counterparts. The bill allows unpaid interns who face an ‘unwelcome sexual advance, a request for sexual favor, or any other physical conduct of sexual nature’ to press charges with Texas Workforce Commission or internal resources, like any other employee.”
The Effects of Sexual Harassment in the Workplace. Advocacy Center for Employment Law: “Physical health and emotional health are closely linked. When victims of sexual harassment experience mental and emotional problems, it often leads to physical health issues, such as loss of appetite, headaches, weight fluctuations, and sleep disturbances. Sleep disturbances can in turn lead to other serious health problems, such as hormonal imbalance, an increased risk of high blood pressure, and a weakened immune system.”
New Jersey Supreme Court Strengthens Defenses Available to NJ Employers In Sexual Harassment Actions. The National Law Review: “This decision makes it clear that the first line of defense for any business against sexual harassment/hostile workplace claims will be the business’ anti-harassment policy. As a result, it is imperative that businesses have in place strong anti-harassment/discrimination policies, strictly enforce these policies and perform anti-harassment training.”
Workplace Romance: A Legal Perspective. Philadelphia Business Journal: “There is no one-size-fits-all answer to fraternization and technology policies addressing workplace relationships. That said, in developing such policies, employers should consider both the legal implications associated with sexual harassment and retaliation claims under Title VII of the Civil Acts of 1964 and similar state and local laws, as well as the practical implications associated with favoritism stemming from consensual relationships in the workplace. At a minimum, a good fraternization policy prohibits romantic or sexual relationships between supervisors and direct subordinates. Beyond that, with respect to romantic and sexual relationships among co-workers, the policy should define prohibited and permitted actions and the consequences for violation of the policy, often incorporating much of what may already be covered in a standard, well-written anti-sexual harassment policy.”
Was Woman Fired for Complaining About Sexual Harassment or for an Altercation? HR.BLR.com: “The appeals court vacated the lower court’s decision on the hostile work environment claim, saying that there is a genuine dispute of material fact regarding whether the harassment was ‘sufficiently severe or pervasive to alter the conditions of … [Sharon’s] employment and create an abusive atmosphere.’”
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