The Employer's Liability and Responsibilities

Overview/Description
 Did you know that your company may also be liable for damages if one of your employees is found guilty of sexual harassment? Find out what your organization's responsibilities are and how you can avoid heavy damage awards in case the worst happens. Developing a clear company policy on sexual harassment is the first step. You'll learn what should be included in your statement--and what shouldn't. You'll also learn how to make sure everyone in your organization is exposed to the policy through publication and training. You also need to make sure your organization takes sexual harassment claims seriously. The HR department is often the first place an accuser goes, and it's important that your HR people react appropriately, but that isn't enough. Learn which reactions from management can help--and which can hurt you--if a claim goes to court. How much does the company's liability increase if managers knew about the alleged harassment? And what if no one knew--but the judge thinks you should have? You'll learn what the costs of a lost sexual harassment case can be, even if the claim comes as a complete surprise. Finally, you'll look at an area where, amazingly enough, some companies shoot themselves in the foot--allowing the harasser to retaliate against the "whistle blower" victim, and sometimes even instituting organizational reprisals. Although a claim of retaliation can be difficult to prove, learn when it can become grounds for a new lawsuit--and a whole new headache. This SkillSoft product has been reviewed by the Employment Practice Group of Sheehan Phinney Bass + Green. As of the date reviewed, the content of this course is in compliance with federal law and court decisions.

Target Audience
 Training managers, human resource managers, functional managers

Expected Duration
3.5 hours

Lesson Objectives:

Develop a Companywide Policy

  • recognize the value of having a clear, well publicized company policy regarding sexual harassment.
  • identify important elements for inclusion in a legally effective company policy on sexual harassment.
  • select accurate statements concerning "zero tolerance" from a group of statements.
  • identify appropriate and effective ways to publicize the company statement.
  • select valid and appropriate methods for conducting training sessions for employees on sexual harassment.

    • Take Sexual Harassment Seriously

  • recognize the need to take prompt, serious action when a claim of sexual harassment is made.
  • identify steps that the company HR department should take when a claim of sexual harassment is made.
  • sequence steps that management should take when a claim of sexual harassment is made.
  • identify the potential legal repercussions when appropriate steps are not taken by the organization.

    • Understand the Company's Liability

  • recognize the extent of an employer's liability in sexual harassment cases.
  • identify the consequences when the employer knows about the sexual harassment.
  • identify the consequences to employers concerning unrecognized sexual harassment.
  • identify legitimate types of potential costs for an employer when a claim of sexual harassment is validated.
  • identify the next step a company should take, given a scenario related to sexual harassment.

    • Prevent Retaliation

  • recognize which legal requirements to comply with to protect an accuser against retaliation by the accused, co-workers, or the organization as a whole.
  • identify appropriate steps to guard against retaliation toward the accuser by the accused party.
  • identify appropriate steps to prevent retaliation toward the accuser by co-workers and/or the organization as a whole.
  • identify situations that would provide legitimate grounds for the accuser to make a new charge of retaliation.
  • identify true statements concerning a case brought by a sexual harassment victim against the employer for retaliation.
  • identify elements of the EEOC harassment enforcement guidelines.

    • Course Number: HR0134