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Sexual Harrassment (again)
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Sexual Harrassment (again)
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I'm sure you are pretty tired of this subject, but seeing as how this is such a volatile and subjective topic, I'd like just a little clarification. If I wanted to draft a corporate "no tolerance" pol
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Forums » Topic Forums » Legal Forum » Sexual Harrassment (again)
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Sexual Harrassment (again)
posted at 6/14/1999 7:55 AM EDT
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Posts: 1
First: 6/14/1999 Last: 6/14/1999 |
I'm sure you are pretty tired of this subject, but seeing as how this is such a volatile and subjective topic, I'd like just a little clarification. If I wanted to draft a corporate "no tolerance" policy regarding sexual harrassment, I could download several that are posted on the internet and model it after them. Do you recommend a company draft their own "no tolerance" policy without the benefit of counsel? Also, are there any specific guidelines for employers to follow if they wanted to terminate an employee for sexual harrassment? Is it enough to keep a paper trail of written warnings? Doesn't that violate the "no tolerance" policy? I mean, if you are taking the time to create a paper trail, you're not exactly intolerant, are you? |
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Sexual Harrassment (again)
posted at 6/14/1999 9:05 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Draft your own or download one; whichever you choose, it's still wise to have an attorney bless it.
For "no tolerance", although it's generally assumed that "no tolerance" means the "perpetrator" is immediately fired, that doesn't necessarily have to be. "No tolerance" can mean that swift and sure corrective action and disciplinary action are mandated, but that disciplinary action doesn't have to be termination, depending on the situation. Some instances, especially an inadvertant touch or remark that sparks a complaint, doesn't really warrant the death penalty, but would warrant a counseling session, some sensitivity awareness, and the ever-present burden of documentation, so that the employee knows what's coming the next time. I think the papertrail can only help you, especially with those employees who always seem to know right where the "edge" is, and ride it continually. The task is to insure that the harassment ends, and stays ended -- it isn't to comply with the "victims" interpretation of justice. |
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Sexual Harrassment (again)
posted at 6/14/1999 5:37 PM EDT
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Posts: 38
First: 6/9/1999 Last: 10/26/2004 |
I subscribe to a school of thought which basically says an attorney should be there to help an employer draft most HR policies. Why? Because, candidly, HR people are great at the people part, but sometimes do not appreciate all of the legal implications HR policies might have. Take a real life example, which happened to me yestreday. The issue was whether or not employees should be required to sign an acknowledgement of receipt of an updated policy. The HR people were concerned about the administrative burden. The lawyers were concerned about proving the employee received it. Who is correct? Who knows. (We did work it out to the satisfaction of both groups.) The fact is that sometimes there is a trade off between good HR and good lawyering.
With respect to harassment policies, I think the best policy is no better than how that policy is distributed and enforced. This includes procedures for a prompt, complete investigation leading to remedial action when appropriate. Discipline employees where discipline is warranted and make sure the discipline is sufficient to prevent the conduct from being repeated. |
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Sexual Harrassment (again)
posted at 6/14/1999 11:59 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
If youy have a "no tolerance" policy I take that to mean first incident of sexual harassment no matter how borderline it is means the employee is out the door..NO TOLERANCE. On the other hand, you can draft a policy for sexual harassment that demonstrates the unacceptability of sexual harassment and indicates the company's response depending on the severity and circumstances of the harassment. "Zero tolerance" policies usually turn out to be something short of "zero" or put the decision-maker in a straight jacket in trying to resolve the complaint against a 25-year, good employee for having told an explicit sexual joke in front of co-workers and commenting about women. |
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Sexual Harrassment (again)
posted at 6/15/1999 6:41 AM EDT
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Posts: 45
First: 6/15/1999 Last: 6/28/2006 |
Personally I think it is important to have a lawyer involved in drafting a SH policy. Aside from the obvious self-interest in such a reply, I have seen a number of policies that create more problems than they solve. One of the most common, innocently-intended mistakes that I see all the time are policies that promise the employee absolute confidentiality for their complaint. Oops. If you promise absolute confidentiality (and the employee requests it), how do you conduct an internal investigation? To me it is a small money investment that might end up paying for itself many times over.... |
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