Another day, another news story about a sexual harassment lawsuit against an auto dealer. This time it’s the general manager and the GSM versus the receptionist. Allegedly, they were snapping her bra, whacking her backside with a back scratcher, hounding her with come-ons, and sending her inappropriate text messages among other things. According to the suit, the abuse became so bad that the receptionist quit her job after only 6 weeks.

If any of this is surprising to you, simply Google “auto dealer harassment” to get an idea of how common these types of lawsuits are in our industry. You will find many cases of not only sexual harassment, but also racial harassment, age discrimination, etc. The amounts of fines and damages that dealers have been assessed are eye-popping.

In a statement about another case against a dealership, U.S. Equal Employment Opportunity Commission (EEOC) regional attorney John Hendrickson said that it was “amazing that at a time when the auto industry is struggling for survival and women exercise so much influence in the marketplace that anyone would in engage in sexual harassment or show contempt for female customers.”

EEOC Acting Chairman Stuart J. Ishimaru also said in a statement that “sexual harassment and sex discrimination against women in traditionally male-dominated industries, such as the auto industry, are still unfortunate realities.”

Harassing conduct is sometimes so commonplace that we often don’t recognize the behavior as being inappropriate. Many people who have been around auto dealerships for any length of time may not be very surprised that this type of behavior exists, while others may feel that these are mostly frivolous lawsuits designed to extort money from dealers. Perhaps the accused were “just kidding around” and meant no harm?

No matter what, the dealer loses. Any lawsuit is a bad lawsuit. Besides the cost of defending these claims, there will likely be immeasurable damage to a company’s reputation. What owner wants the public to be exposed to media stories accusing their dealership of employing harassers or racists?

To help avoid these types of claims, dealership employees should be trained in harassment prevention. Staff members (especially supervisors) need to understand that it is simply not okay to snap bras, whack backsides or use derogatory nicknames in today’s world, no matter what the intention. As far as the law is concerned, harassment depends on how the conduct was received, not on the intent.

Some states, such as California, require harassment prevention training for supervisors. That’s great, but what about the non-supervisory employees? There is often a great of down-time at a dealership, and employees may get bored and tend to “goof around”. Is it harmless horseplay or perhaps behavior that crosses the line? Are supervisors able to monitor their subordinates’ behavior at all times? Are supervisors setting a proper example (bra-snapping)?

Most companies have an anti-harassment policy that all employees must sign, although I would venture to guess that the majority of people don’t read it or understand it. Having a policy in place and hanging posters is simply not enough protection for a dealership. Once again, All Dealership Employees Should Be Trained In Harassment Prevention.

Perhaps then the media, the EEOC and employees looking for an easy target to sue, can go pick on somebody else.

For information on convenient and affordable harassment training programs, use this link: http://www.dealercomplianceconsultants.com/hartrain.html

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An administrative complaint must be filed with the California Department of Fair Employment and Housing (DFEH) within ONE YEAR from the date of the last incident of sexual harassment, although this period may be extended up to 90 days if the alleged victim first obtained knowledge of the facts of the harassment after expiration of the one year period from the date of the occurrence (Cal. Gov. Code Section 12960).

After filing a complaint with the California DFEH, in order to protect a victim’s right to sue in Federal Court, the victim has 300 days from the date of the last incident of harassment, or 30 days after receiving a notice of case closure from the DFEH, whichever is earlier, to file a charge of discrimination with the EEOC (Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. Section 2000e-5 (e) (1)).

However, a victim of sexual harassment in California has only 180 days from the date of the last incident of harassment to file a charge of discrimination with the EEOC to protect their Federal right to sue if they do not file a complaint with the California DFEH (Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. Section 2000e-5 (e) (1)).

After a claimant files an administrative complaint with the DFEH and/or the EEOC, and after the claimant gets a right to sue letter, then the claimant must file a private civil lawsuit within the time specified in the right to sue letter, which is within one year of the date of a right to sue letter from the DFEH, or within 90 days of the date of a right to sue letter from the EEOC.

If an administrative claim to the DFEH or the EEOC is not filed within the time period provided by the applicable statute of limitations, then the case is subject to being forever barred by the courts. If a sexual harassment victim does not file an administrative complaint within the required amount of time, then that victim will not be able to move forward with a lawsuit.

Timing can be crucial when filing a sexual harassment lawsuit. It is important that victims of sexual harassment know that there is a time period or statute of limitations in which they must file a complaint with the DFEH or the EEOC. A common mistake of sexual harassment victims is to wait too long to contact an attorney. This can result in a missed opportunity to file a complaint and a lawsuit.

For more information about Sexual Harassment Law in California, please visit our website at http://www.sexualharasslaw.com/ or visit our blog at http://www.californiasexualharassmentlawblog.com

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Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Therefore, if you are a victim of sexual harassment in the workplace, you may be entitled to legal compensation. But, before you head to the courthouse, there are several steps you should take to preserve your rights and to build the best case possible.

Let the harasser know that the sexual conduct is unwelcome. Sexual conduct in the workplace does not constitute harassment unless it is unwelcome. Directly inform the harasser that his or her conduct is unwelcome, and that you want it stop immediately. If at all possible, do this in writing and keep a copy.

Create a timeline of events. Write down every instance of harassment, complete with date, time and a detailed description of what happened. A detailed record will be invaluable if legal action becomes necessary. It should go without saying but, do not store this record at the workplace.

Follow your employer’s grievance procedure for reporting sexual harassment. One of the number one defenses employers use in sexual harassment cases is that the victim failed to follow the proper procedure for reporting the harassment. Therefore, if there is a sexual harassment grievance procedure in place, follow it. If there is no formal procedure, do not keep silent. Bring your complaint to human resources or, follow the proper chain of command. Make your complaints in writing and keep copies for your records.

Allow your employer a reasonable opportunity to address your complaint. Being a victim of workplace sexual harassment does not automatically grant you the right to sue. You must give your employer a reasonable opportunity to address and rectify the situation.

File a charge of discrimination with the Equal Employment Opportunity Commission. If you have made a complaint to your employer but no appropriate action was taken, contact the Equal Employment Opportunity Commission and file a charge of discrimination. In most cases, a charge of discrimination must be filed within 180 days of the last discriminatory act. Therefore, do not delay in filing a charge. If you do, you may lose your right to file suit.

Contact an attorney. After filing your charge of discrimination, contact an attorney who specializes in employment law. Note, however, that you cannot file suit pursuant to Title VII until the Equal Employment Opportunity Commission concludes its investigation and issues you a Notice of Right to Sue. Nevertheless, you should not hesitate in contacting an attorney, as there may be other claims available to you that you are unaware of.

LaTosha R. Barnes is the owner of The Law Office of L. R. Barnes, PLLC in Durham, North Carolina. Barnes specializes in employment law, social security disability and civil litigation. For more information about North Carolina employment law and The Law Office of L. R. Barnes, please visit the office website.

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Perhaps you’ve been subjected to sexual harassment in the workplace and would like to provide some tips to the individual engaging in such behavior. If so, you may wish to share the following with them: (1) do not make the mistake of treating individuals in the manner that you think they wish to be treated, but treat them in the manner they wish to be treated; (2) expend some effort to determine whether the other individual is actually participating and occasionally, at least, initiating the interaction between the two of you; and (3) always beware of the need to maintain the other individual’s space, recognizing that you must first obtain their permission prior to invading that space.

Avoid touching individuals and/or standing too close to them without first asking whether they feel comfortable when you’re doing so. It is unlikely that such conduct would be appropriate unless you and the other individual are close friends prior to engaging in such conduct. Any of these activities may serve as an appropriate basis for litigation against the employer, and are very likely to be situations for which you would qualify for a lawsuit loan.

It is important to keep in mind that relationships will change over time. Simply because behavior may have been appropriate in the past does not mean that conduct is appropriate at the present time. This is oftentimes simply a matter of the way in which the relationship has changed with time. If you are uncertain, you should always ask the other individual that such conduct is appropriate at the time in which he engage therein.

For those in managerial positions, you are advised to act in a prudent fashion. Individuals in such positions should limit compliments to employees’ performance in the workplace, rather than employees’ personal appearance. Additionally, it would be a rare instance in which it would be appropriate for an individual in a managerial position to comment on other employees’ attire. You may qualify for a lawsuit loan to pursue an action against the employer due to a doctrine in law that makes the employee or, in many instances, liable for its employees’ conduct.

A lawsuit loan it may be just what you need to cover your expenses while pursuing litigation against an employer in an effort to stop such abusive behavior in the workplace!

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If you’re an individual who feels as though he or she is subjected to sexual harassment in the workplace, this article is for you. The information is designed to assist you in making a determination as to whether you have been subjected to sexual harassment and, if so, the appropriate steps for you to follow. It also provides information that will assist you in obtaining a lawsuit loan.

The first step you should take is to identify whether the conduct about which you are concerned actually constitutes harassment. The Equal Employment Opportunity Commission states that unwelcome sexual advances, requests for sexual favors or any conduct of a sexual nature is morally wrong, unethical and unacceptable in the workplace. This is the first step in obtaining a lawsuit loan to assist you in pursuing a claim against the harasser.

If an employee either submits to or rejects such advances, these actions cannot be used against the employee as a basis on which employment decisions are made. Additionally, such advances should neither be used to intimidate nor subject the employee to a hostile/offensive work environment. It is irrelevant whether the conduct was intentional. In either instance, you may qualify for a lawsuit loan.

There are two types of sexual harassment. “Quid pro quo” harassment involves something given in exchange for something else. A “hostile work environment” is the second type of sexual harassment that may be found in the workplace.

Quid pro quo harassment occurs when a basis for employment decisions affecting an employee includes either submission and to or rejection of conduct constituting sexual harassment. This form of harassment occurs when a supervisor, manager, or someone else who’s in a position to influence employment decisions, utilizes the employee’s submission or rejection as a criterion in assessing the employee’s performance.

In a hostile environment, sexual harassment occurs in the workplace for the purpose or effect of interfering with an employee’s work performance. It may also simply mean that the work environment is intimidating or offensive to a specific employee. It is sad to note that employees often feel as though they cannot afford to pursue an action against the harasser, merely quietly tolerating the egregious conduct. You may find that a lawsuit loan puts the power in your hands.

If the harasser intends to create a hostile environment and is successful in doing so, the conduct in which the harasser engages violates the Title VII. Significantly, even if the harasser did not intend to create a hostile work environment, the conduct still may constitute a violation of Title VII.

In our next article, we will discuss ways in which to address the issue of sexual harassment in the workplace. If you think that a lawsuit loan could keep you from hopelessly accepting the harasser’s conduct, you are encouraged to investigate this option without further delay!

Looking to find the best deal on a lawsuit loan , then visit us to find the best advice on lawsuit loans designed especially for you.

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At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.

Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child’s parent or guardian must bring a lawsuit on the child’s behalf. After a child becomes an adult, the adult child may bring the lawsuit.

Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.

Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.

Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.

Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.

For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com

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In a bad economy where money is tight, sales are down, and employees are frightful of what lies ahead for them, the very last thing your company needs is a lawsuit brought by a disgruntled employee. Yet according to the Equal Employment Opportunity Commission (EEOC), the number of lawsuits being won against companies across the country is absolutely staggering. Many professional posit we are now in the mist of a national lawsuit epidemic.

Based on my 12 years of training thousands of Human Resource (HR) professionals on HR Laws, and consulting with hundreds of companies and organizations throughout the country, here is a first hand, behind the scenes look at why attorneys are winning tens of million of dollars each year for workers all over the country. And with the average payout in an employment lawsuit at $750,000 (not including attorneys’ fees), it’s not hard to imagine this trend continuing for many years to come. The good news however is that the majority of these wounds are self inflicted and can be prevented. Therefore, your company does not have to become a victim of this wild litigation beast. Here are seven lucrative areas attorneys are finding unlimited fodder to feed this every growing monster called worker litigation. You must act quickly to close the education and knowledge gap in these areas.

1. Untrained Supervisors. In my many years of experience this area (bar none), ranks as the number one venue for worker lawsuits. It is an absolute travesty what we do to supervisors in this country. We throw them in leadership positions, without providing any leadership training- whatsoever. You screwed in more light bulbs than anyone else over the last three years, so you’re the new supervisor. Well guess what? There is nothing “super” about these individuals “vision.” Because supervisors are agents of the company, left untrained, they pose a grave and gathering threat to the company’s bottom line. Priority one should be to have new supervisors immediately trained and acclimated on the legal aspects of supervising workers in today’s work environment. This training should be done as a prerequisite to them taking on their new role as supervisor. In additional, all supervisors should be required to attend “mandatory policy training” on a yearly basis. Attorneys are keenly aware this is a key area where companies and organizations, both large and small drop the ball. Winning lawsuits against untrained supervisors in this new “knowledge economy” is so easy; it’s like taking candy from a baby.

2. Sexual Harassment Taken Too Lightly. It is far beyond human belief the number of companies (today) that fail to take this area of policy seriously. And attorneys are having an all out field day. The courts ruled when it comes to sexual harassment, your company will always be held liable for the actions of its supervisors. In 2002 along, workers were awarded a stunning $50 million, and this figure does not reflect those workers who actually litigated their cases. More shocking is the fact that some 90 percent of victims never file a formal complaint. If $50 million was paid out and 90% of workers never file a complaint, then Houston, we have a problem. When you couple the illegal actions and behavior of supervisors in this area, with the knowledge available to the rank and file employee through the internet, you have a formula for disaster. And in a lawsuit, courts require that companies provide proof certain that sexual harassment training was conducted. What do you think the number one defense supervisors use when they face a sexual harassment lawsuit? You guessed it “I didn’t know.” Everyday you allow supervisors to come to work, unfamiliar and untrained on your policies concerning sexual harassment law; you are one step closer to a back breaking lawsuit, which leads to the next area of concern.

3. Retaliation Grossly Underestimated. The alarming number of cases brought before the EEOC for retaliation (in one year) jumped a whopping 23 percent (from the year 2007 to 2008). Look at it from this prospective. If you held a stock and it jumped 23% in one year, wouldn’t you be ecstatic? This is an area that has attorneys dancing in the street. In 2008 along, some 33,000 cases were filed for retaliation. When I conduct “supervisor and management training” across the country, I explicate this as one of the most serious charges a supervisor can face in the courtroom today. So what is retaliation? Retaliation occurs after a charge is made against a supervisor or company, and as a result the person making the charge is treated differently. Attorneys use a sophisticated system of uncovering when this illegal act occurs. Every law under the sun governing the employer/employee relationship from OSHA to HIPPA, to FMLA and FLSA, all clearly state that there can be no retaliation against the employee who brought the charge, neither the witnesses. And be prepared because when a lawsuit ensues, the attorney will ask your company if it has a written non-retaliatory clause included in the company’s policies. Take a close look at this next one.

4. Shot-ty Record Keeping. It is an attorney’s dream to bring a workers’ case before the court and the company’s supervisors cannot present the records necessary to defend the company. There must be strict guidelines concerning what records are to be kept, how they are to be maintained, and if and when they can be destroyed. One law every supervisor must learn as part of basic supervisor training is the law concerning “spoliation.” This law governs even electronic data. Train every supervisor on proper documentation and record keeping. This next one is white hot.

5. Employee Private Information Being Breached. Supervisors are privy to some of the company’s most highly guarded secrets. They have access to protected information on employees such as Social Security Numbers, Dates of Birth, family information, bank accounts, all the way to damaging medical information. Question: have you trained your supervisors to understand that all private information on employees is to remain private. Better yet, has the company written privacy policies that govern and protect these data? Sad is the fact that in most companies, the rumor mill and gossip mill is often initiated by and spread through untrained supervisors. Be advised; protecting private information in the workplaces of today is not a good idea, it is the law. Get your supervisors trained like yesterday. Look at this next hot button area.

6. The Age Law Trampled On. The age law of 1967, which falls under Title VII, is often misunderstood and just plain trampled on in today’s workplace. And for untrained and unsuspecting supervisors, it is an expressway to disaster. Age discrimination lawsuits are up a whopping 29 percent from 2007 to 2008 (again this of this as a stock that you’re holding). What this screams in my ear is either supervisors don’t know or they don’t care to know this law. Either way your company will pay a heavy price. And if this isn’t enough, the Supreme Court just added new teeth to this law. Listen carefully; in the recent Meacham v. Knolls Atomic Power case (June 2008), the high court ruled that the burden of proof is now even greater on the employer to prove a factor, other than age, when an employee brings an age discrimination lawsuit against the company. And with the American workforce aging rapidly, training supervisors on the age law may just save your company from a $750,000 judgment. Just think, how much training your company can conduct for $750,000. And last but not least is the next white hot area which can be avoided with proper training.

7. Interviewers Gone Wild. There are strict guidelines as to what questions can and cannot be asked during an interview. Problem is most supervisors don’t know the difference between the two. Why? Because they have not been trained. For instance you cannot ask a candidate if they are married, about a disability, their age, gender, or even if they have children. Then there is the nail biting act of making lots of promises to the candidate during the interview, which the company cannot keep. An important part of what must be accomplished during the hiring process (and long before promises are made to interviewees), is for the HR department to conduct a thorough and complete background check of each individual. So why do so many supervisors continue to make these simple mistakes? Because they have never attended a “proper interviewing techniques” class. Absolutely inexcusable in today’s work environment. HR, you must take the lead and get them trained in this area. Please be advised, you are dealing with the most sophisticated workforce ever in the history of this country. A workforce armed with new knowledge of the entire hiring process. Because of the internet, applicants often know the exact questions you can and cannot ask them during the interview. Do your supervisors know?

Summary

Supervisors are agents of the company, and left untrained, pose a grave and gathering threat to the company’s bottom line. In a bad economy where money is tight, sales are down, and employees are frightful of what lies ahead for them, the very last thing your company needs is a lawsuit brought by a disgruntled employee. Untrained supervisors rank as the number one reason workers are winning millions of dollars in worker lawsuits. And with the average payout in a worker lawsuit sitting at $750,000 (not including attorneys’ fees), your company must move quickly to train supervisors on these current employment laws.

Copyright © 2009 Cubie Davis King, PhD. All rights reserved.

Dr. Cubie Davis King is the author of the new book, The New Handbook for Supervisors, and is a performance technologist wit a Ph.D. in Training & Performance Improvement. As president of FIT (The Foundation for Improving Talent and Performance) located in San Diego, CA, he is considered a foremost expert in developing workforce plans for knowledge management, talent retention, and succession planning. To book Dr. King for your next staff training go directly to his website http://www.goldcrowninc.com

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http://EzineArticles.com/?7-Inexcusable-Ways-Supervisors-Get-Their-Company-Sued&id=2419371

Sexual Favoritism falls under the Hostile Environment category of the federal law that governs harassment and discrimination in the workplace.

Sexual Favoritism is not a federal law unto itself (although some states declare it as such), but an aspect of either Quid Pro Quo or Hostile Environment that is worth exploring.

This type of harassment occurs when employees, who submit to a manager or supervisor’s sexual demands, are rewarded by that manager or supervisor. It is important to note however, that the wronged party(ies) is not the one who submitted, but those who did not and are denied the benefits of the submission.

In other words, employees who are otherwise denied raises or promotions may claim that they were penalized by the sexual attention directed at the favored coworkers.

How has the court ruled in these cases?

• Isolated events and non-coerced submission to sexual demands have not been upheld by the courts as sexual harassment.
• The employer may be held liable for unlawful sex discrimination against other persons who were qualified for but were denied that employment opportunity or benefit.
• Supervisors may also be held liable.

Court Case

Astra AB, a Swedish company, admitted it allowed a hostile work environment — including requests for sexual favors in exchange for favorable treatment – for women at its U.S. headquarters in Westboro, Massachusetts.

Award: $9,850,000 in monetary damages

For more on other types of Sexual Harassment, read about Quid Pro Quo or Sexual Harassment by Non-Employees.

Protect your business from this type of harassment. Make sure your employees are well-trained in harassment and discrimination prevention and awareness.

Rhonda Goetz
Chrome Zebra, Inc.
Helping Employers Prevent Harassment and Discrimination Lawsuits
866.241.9927
http://www.chromezebra.com
Online Human Resource Training

Rhonda Goetz is the owner and CEO of Chrome Zebra. She also is an authorized harassment and discrimination trainer and online instructional designer.

Her online courses provide businesses with an alternate training method that saves time and money. Employees train at their desks or workstations, and can train anytime. Businesses no longer have to lose production time to large training seminars, or hire expensive consultants or be locked into a set training schedule. Online training is cost-effective as well; per employee cost is approximately $25 or less for each employee.

Get the F.ree 10 Tips to Prevent Sexual Harassment, sign up here.

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In a world where we are becoming more and more aware of what goes on behind closed doors, employees are encouraged to come forward if they experience harassment or discrimination at work. Often, new employees must sign the company’s harassment policy, and sometimes businesses provide an anti-harassment and discrimination convention. This article will explore equal opportunity policies, types of harassment and discrimination, and how to overcome these problems at work.

The U.S. Equal Employment Opportunity Commission enforces the Federal Equal Employment Opportunity Laws, which strive to create discrimination-free workplaces. When a company describes a job opening as an equal employment opportunity, or EEO, it means that the employers cannot discriminate in hiring, firing, payment, layoffs, recruitment, training, benefits, etc. A business is required by law to post a notice visible to all employees that details their rights under the EEO laws.

Under EEO laws, companies may not discriminate based on age, sex, sexual orientation, pregnancy, national origin, religion, or race, among others. Also, businesses cannot fire or refuse to hire a person if they do not speak English unless it is a qualification for their job. For example, for someone whose job does not include conducting outside business with English-speaking customers cannot be fired for not speaking English. Employers must prove that the job listed absolutely necessitates English if they are discriminating against non-English speakers.

Harassment is purposely offensive behavior towards someone based on their age, gender, sexual orientation, religion, race, or religion, among other things. Basically, if it qualifies as something that for which you can suffer discrimination, chances are that you can be harassed for it as well. Harassment can be a wide range of action. Bullying, whether physical, verbal, or nonverbal, counts as harassment. Targeted pestering is another form of offensive behavior. Stalking, antagonistic teasing, namecalling, damage to person or property, and threatening or derogatory notes all count as harassment.

Perhaps the most thought-of type of harassment is sexual harassment. Not only can the actions listed above fall under sexual harassment, but there are a number of other offensive actions as well. Indecent touching, sexual assault, rape, lewd gestures or exposure, etc., can all harm a person who suffers from sexual harassment. Although most people think of sexual harassment as something that happens only to women, men can be sexually harassed as well.

If you have been harassed or discriminated against, it can be scary to take the issue up with authorities. However, it is important that you let someone know about your difficulties before it goes too far, or before someone else suffers the same offenses as you.

For more information on EEO and other business practices, try the Business Directory today.

Joseph Devine

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Sexual harassment is yet another reason companies must immediately conduct supervisor training for staff. It is the 900lb gorilla in the room most companies would rather ignore, but it is not going away. This red hot issue must be dealt with, and the sooner the better.

An Illegal Act

The very first fact that supervisors must be taught is that sexual harassment is an illegal act punishable by law. According to the Equal Employment Opportunity Commission (EEOC), companies paid out over $50 million in 2002 along to settle cases brought by employees. And with the average payout estimated at around $750,000, this has become a road to wealth for workers across the country. The cases I’m personally privy to are shocking. Supervisors gone wild in workplaces throughout the country, often costing irreparable harm to the company’s reputation and image in the community. One thing most supervisors fail to realize is (besides being held personally liable from a monetary point of view) they can also be brought up on criminal charges as well.

The Numbers Are Staggering

It is estimated that some 15,000 charges of sexual harassment are filed with the EEOC each and every year. And that $50 million awards figure noted above does not include employees who decide to litigate instead of settle their cases. And get this more than 90 per cent of victims never file a formal complaint or file a lawsuit. If companies are paying out over $50 million (not including litigation), and 90 per cent of employees never bring the charge up, then we have a very serious problem. This really is a 90lb gorilla in the room. Companies that choose to ignore this problem, do so to their own peril.

The New Frontier

With the world of work changing rapidly, there is an upsetting trend happening in today’s workplaces. Same sex harassment is exploding in record numbers. Supervisors must be trained to spot, address, and effectively deal with this increasing problem. Some 21% of all cases filed with the EEOC yearly are same sex harassment.

Get This Training Done ASAP

Your company must immediately go on record and get clarity with workers and supervisors as to what is strictly prohibited conduct in the workplace. Explicate everything from back rubs to invading a workers space, to risqué jokes to downloading porn on the company’s computers. Companies today cannot afford to leave any stone unturned. Supervisors should know the legal ramifications of their actions and have the chance to ask questions of your policy.

The company is not a baby sitter, nor should it become the relationship police. However everyone including supervisors should understand the legal backlash that may result from their careless actions. In simple terms, supervisors should just say no to office romances because workplace fraternization today is an open invitation to give away everything they have worked for in their life, including their reputation. Companies need to conduct sexual harassment training every year at the very least, in order to keep it fresh on the mind of every employee. The strategy being to correct the harassment before it becomes a major problem.

Summary

Sexual harassment is an illegal act punishable by law, and is yet another reason companies must immediately conduct supervisor training for staff. Companies today cannot ignore this 900lb gorilla sitting in the room. Therefore, they must be proactive in providing clarity on this red hot issue.

© 2009 Cubie Davis King. All rights reserved.

Dr. Cubie Davis King, Ph.D is a Training & Performance Improvement Technologist, with a resume which includes 9 years military service, and executive positions with Xerox & CitiGroup, Dr. King has won top performance awards at every level in his storied career. He heads FIT (The Foundation for Improving Talent & Performance). His latest work is the SuperVisors Core Training 1.0 System .Dr. King is an adjunct professor at National University in San Diego, CA. To reach him go directly to Dr. King’s website http://www.goldcrowninc.com

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