 |
 |
|
| Sexual Harassment Compliance Policies Can Keep You Out of the Danger Zone |
|
| Sexual harassment is a form of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Title VII defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature," when "submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." |
|
 |
|
| Sexual Harassment Compliance Regulations |
|
| Federal law recognizes two different sets of legal grounds for claiming sexual harassment under Title VII: |
|
• Quid pro quo — an authority figure demands sexual favors of a subordinate as a condition of getting or keeping a job benefit
• A hostile work environment — fostered by a coworker or supervisor who engages in unwelcome and inappropriate sexually based behavior, making the atmosphere intimidating, hostile, or offensive
For more information about sexual harassment compliance, click here to download a free HR compliance report.
|
 - Recent Lawsuits |
|
|
|
On October 2nd, a jury found New York Knicks coach Isiah Thomas and Madison Square Garden guilty of sexual harassment in a lawsuit brought by a former top executive, Anucha Browne Sanders. The jury also said that the woman, who is seeking $10 million, is entitled to punitive damages to be paid by the Garden, which fired her when she complained about Thomas’s advances and verbal insults. The jury will hear arguments about how much those damages should amount to. Because the jurors were unable to decide whether Thomas should pay damages to Browne Sanders, the judge ruled a mistrial on that issue. Both Thomas and the Garden deny any wrongdoing and have said that they will appeal.
Caesars Palace has agreed to settle a sexual harassment and retaliation lawsuit for $850,000. The EEOC had claimed that Latina kitchen workers in the Las Vegas casino hotel were subjected to repeated and severe sexual harassment, and that management failed to address the situation, even after receiving complaints by the women. In fact, the EEOC said that people who complained were retaliated against by being demoted, harassed, disciplined, or fired. Along with the monetary settlement, Caesars Palace also agreed to train its employees in English or Spanish, provide semiannual reports to the EEOC on its employment practices, and rewrite its company policies and procedures to conform to Title VII of the Civil Rights Act of 1964.
On September 28th, the EEOC filed sexual discrimination charges against Bloomberg L.P., on behalf of three senior-level female employees. The EEOC states that the company demoted and reduced the pay of women who became pregnant and took maternity leave. While Bloomberg says it will fight the allegations, the EEOC is asking for unspecified damages and a change in policy at the company.
 WEBCAST: Get Your Questions Answered on Sexual Harassment Investigations
|
|
|
|
|
|
|
|
|
 |
If the court rules in a victim's favor, he or she can receive up to $300,000 in compensatory damages for each incident of unlawful harassment, as well as back pay, attorney's fees, and possibly additional money damages under state or local law. |
|
|
Verdicts can lead to company liability, not for sexual harassment per se but for intentional infliction of emotional suffering, negligent supervision, invasion of privacy, assault, battery, or any number of other torts. |
|
|
|
|
|
|