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Why Companies Need Clear Sexual Harassment Policies To Prevent Litigation

The headlines in 2017 involved emerging headlines showing litigation and sexual harassment claims. In 2018, there is no indication of these headlines slowing down. The boost in sexual-harassment claims coincides with the prevalent and ongoing social movement which has supported those who are victims of sexual harassment to step forward and announce that they, also, have been victimized.

Preventing Sexual Harassment At Work

There are many measures companies can take to restrict the harassment men and women might face at work. Companies must remain abreast of the shifting landscape of their legal vulnerability they might face from sexual harassment claims.

Here’s a few things a company should be aware of to implement to avoid sexual harassment claims:

  1. Execute policies and encourage company culture that fosters the immediate resolution of claims of harassment with thorough investigation and firm handling
  2. Conduct prompt and reasonable investigations into the allegations
  3. Handle public-relations fall-out quickly and with a unified company message

The Benefits of Arbitration in Company Sexual Harassment Cases

Companies should carefully contemplate the benefits and disadvantages of arbitration clauses that encircle sexual harassment claims within their employment-related arrangements.

Arbitration of sexual harassment (and other) asserts further stacks the deck against workers as:

(I) mediation could cost less than the courtroom;
(Ii) mediation restricts the quantity of evidence workers can gain from employers to support their own claims
(III) mediation proceedings normally are confidential and private; and
(Iv) arbitrators frequently are former management-side attorneys.

Laws Enacted for Employers

Both federal and California authorities have enacted laws which make it illegal for the employer to permit an employee to be exposed to discrimination, such as sexual harassment. The national Title VII of the Civil Rights Act of 1964, as amended (Title VII), and the California Fair Employment and Housing Act (FEHA).

SBEMP represents both Companies and Workers in a wide range of employment law matters. California companies must post the California Legislation Prohibits Workplace Discrimination and Harassment” poster against the Department of Fair Employment and Housing (DFEH-E07P-ENG), that displays information concerning the illegality.

Not only can an employment lawyer enable a company to prepare for, and stop, sexual harassment at work by implementing tools such as a work handbook and reporting policies.

Contact Our Palm Springs Labor and Employment Attorneys

SBEMP’s Palm Springs labor and employment litigation lawyers have successfully represented many businesses in hostile work environment cases.

Our law office offers employers legal guidance on the employer-employee connection, such as employee benefits legislation and employment and labor law. The Company regularly represents both employees and employers in federal and state courts and before numerous government agencies, such as the California Department of Labor Standards Enforcement, the California Department of Fair Employment and Housing, the California Employment Development Department, along with the Equal Employment Opportunity Commission.

Employers who desire a safe working environment through the establishment of policies and who want consequences clearly established can talk with our Palm Springs Labor and Employment law attorneys. Please call us at (760) 322-2275. 

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