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Human Resources, Union/Labor Relations and Personnel Expertise

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NEWS Braun Consulting
News
LETTER

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Vol. 4 No. 2
Summer 1998		 See our Archive Pages for Back Issues of Braun Consulting News!
http://www.braunconsulting.com/bcg/newsletters/archives2.htm.

News on Personnel, Labor Relations and Benefits


INSIDE

Sexual Harassment
New Guidelines set
by the U.S. Supreme Court......1
Off The Job Conduct
A Workplace Threat?......2
Employers Need Respiratory
Protection Program
by Oct. 5th, 1998......2
5 Step Plan
on Employee Absenteeism......2
Termination Too Severe
For Grievants' Involvement In Fight......3
Document Pitfalls and Disasters......3
Workplace Violence......3
Questions or Concerns

 

The Contents of this
News Letter is intended for
general information and
should not be construed as
legal advise or opinion.

button Table Of Contents
INSIDE

Braun Consulting Group
* Insurance * Labor
* Personnel
 		button Sexual Harassment -
New Guidelines set by the U.S. Supreme Court

The U.S. Supreme Court has changed the rules regarding sexual harassment in a recent decision. It is now easier for an employee to sue an employer for sexual harassment.

Some of the critical changes are:

Proof of Harassment:

  • Old Rule: an employee had to show that because they resisted sexual advances they were punished in terms of promotions, salary, assignments, etc.

  • New Rule: an employee does not have to prove that they were "punished". An employee can be treated "fairly" and still be a victim of sexual harassment. If the employee did not suffer any adverse consequences to their job, the employer can avoid liability if it is able to prove:
      a. The employer exercised reasonable care in preventing and promptly correcting sexual harassment.

      b. The employee "unreasonably" failed to avoid harm by taking advantage of the employer's corrective and preventative measures.


    Ignorance by the Company:

  • Old Rule: the manager/supervisor is not responsible if they have not been informed of the alleged harassment.

  • New Rule: A manager can be held responsible for a harasser's actions unless the company has a strong system of dealing with harassment problems.

    Who do you report the harassment to:

  • Old Rule: tell someone of the harassment.

  • New Rule: tell someone with "decision making power" of the harassment.

    		•  (Sexual Harassment Continued:)

    For employers in the Ninth Circuit, the new changes favor the employee. The old Ninth Circuit rule stated that in the absence of adverse consequences to the employee's job, the employer was liable for sexual harassment only if the employee could prove

    • the employer knew or should have known about the harassment; and
    • the employer failed to take immediate and appropriate corrective action.

    Prior to the new guidelines, the employer could avoid any liability by saying "I didn't know" and the burden to prove the employer's knowledge and failure to act was on the employee. Now the employer has the burden to prove that:
    • It acted appropriately; and
    • The employee, by failing to report the harassment, did not act appropriately.

    What Should you Do!

    Revise your policy to set forth a strict zero tolerance rule against harassment of any kind. Be sure it includes a procedure for reporting any form of harassment, a back up person to whom employees can report harassment if the designated person is the harasser. Make sure all employees get a copy of the harassment policy and have them sign a statement to verify they have ready and understand the policy. Also, send frequent reminders of the policy to employees.

    U.S. News & World Report, July 6, 1998, "The New Rules of Sexual Harassment"

    Labor and Employment Bulletin by Reed McClure Attorneys at Law

    1326 Fifth Ave., #339
    Seattle, Washington 98101
    E-Mail: Contact Braun-BCG

    The Contents of this News Letter are intended for general information
    and should not be construed as legal advise or opinion.
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