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Small Business Employment Law: A Guide to Investigating Sexual Harassment Claims

November 25, 2021

Sexual harassment is common in American workplaces. According to reports, five million individuals have been harassed in offices across the country annually. While this figure is alarming, the consequences for sexual harassment charges from employees are even more grave.

As such, you want to make sure your small business has measures to prevent sexual harassment around the office and deal with any claims that may arise. On that note, this article provides a comprehensive guide on dealing with sexual harassment cases around the office to avoid damages, liability, and Title VII lawsuits.

What Is Sexual Harassment?

Sexual harassment involves any unwelcome or inappropriate sexual advance or behavior exhibited towards an employee, employer, or client that has the potential to affect their employment (in the case of a staff member) if accepted or rejected, interferes with their performance, or makes them work environment hostile.

However, besides the obvious cases like company executives requesting sex from a junior staff member for a promotion, sexual harassment can also occur in several not-so-obvious scenarios.

For example, staff at a company may feel uncomfortable due to senior managers who are fond of sexually explicit jokes or one employee sending emails or IMs to coworkers that contain inappropriate sexual content.

That said, there are a couple of things you should know about sexual harassment, such as:

  • The victim doesn’t have to be a woman; men get sexually harassed in workplaces too
  • The offender isn’t always the opposite sex, as men throw unwelcome sexual advances at other men, and women do the same
  • The guilty party mustn’t be a staff; customers can sexually harass company employees
  • The victim can be a client or someone visiting the office
  • Sexual harassment can happen without the offender ( if they’re a senior staff) threatening the employee’s job

How to Prevent Sexual Harassment In The Office?

US Federal laws prohibit inappropriate sexual conduct towards employees, employers, or anyone else around the office. Title VII of the Civil Rights Act is the primary statute that provides guidelines on sexual harassment prohibition in the United States.

Therefore, with the law against it, you must create a work environment where sexual harassment can’t occur. But how do you do this? Let’s take a look:

  • Have a Sexual Harassment Policy

The first step to preventing sexual harassment in the workplace is to have specific regulations surrounding the subject. Consider having these company laws in a print and digital document and make them available to every employee.

These guidelines should define sexual harassment, state punishments or disciplinary measures for offenders, spell out procedures for filing sexual harassment claims, communicate the company’s commitments to investigating sexual harassment claims alongside specific investigative actions, and prohibit retaliation against employees who lodge sexual harassment complaints.

  • Conduct Annual Educative Training

It’d help if you train employees regularly on sexual harassment and its consequences in the office. These training sessions can occur bi-annually or annually. They should also involve reading out the company handbook on sexual harassment.

  • Conduct Separate Training Sessions for Managers and Senior Executives

Most sexual harassment complaints are usually against company executives; as such, you must hold separate meetings on sexual harassment with your senior staff. Emphasize clearly what sexual harassment is, the behaviors that constitute it, and the repercussions of such actions.

It’d be best to also educate senior managers on handling sexual harassment claims from employees since they’re typically the first point of contact in such scenarios.

How to Investigate Sexual Harassment Claims

Investigating sexual harassment cases is a complex issue, and you want to make sure your company doesn’t make any missteps in handling these claims.

That said, the Equal Employment Opportunity Commission’s (EEOC) guidelines on conducting an inquiry into sexual harassment complaints advise that employees consider all the facts surrounding the situation, including the nature of the inappropriate sexual behavior and the context in which the events took place.

With that in mind, here are some tips on handling sexual harassment cases:

  • Treat All Claims With Urgency

It’s vital to treat sexual harassment allegations as a priority. Whenever an employee comes forward with a claim, ensure they know that the company will take deliberate steps to look into the matter and get justice.

  • Interview Both Parties

After receiving the victim’s complaints, interview both parties separately to get the full details of what happened. Make sure you ask for specifics, such as date, time, the nature of the sexually inappropriate behavior, and witnesses.

You should also hold talks with witnesses and corroborate their accounts with the parties involved. Document each of these discussions, as well. Finally, discuss the company’s steps during and after the investigation with the affected individuals.

  • Treat Both Parties With Respect

During the investigations, ensure you don’t discriminate against the victim. Doing this puts you at risk of a lawsuit that could be damaging for the business. Also, assure the harassed employee of their safety and ensure no other staff abuses them as retaliation during or after the investigations.

Furthermore, accord the same respect to the offender as well. Remember, they’re innocent until proven guilty; as such, don’t discriminate against them in any way. However, we recommend sending them on leave or transfer during the investigations to protect the victim.

  • Review the Result of the Investigation and Take Appropriate Action

After the inquiry, review the information gathered and decide the next step to take. The result should determine the disciplinary measure to take towards the offender or victim.

At this point, it’s vital to mention that you should probably work with your HR department or a specialized company committee for sexual harassment cases to review the investigation and make a decision.

Also, once you’ve decided on what to do, let each party know immediately.

Hire a Competent Employment Lawyer

Sexual harassment claims are serious issues that could lead to a lawsuit if you’re not careful. As such, you’ll probably need legal help to navigate these cases professionally and avoid any damaging actions.

An employment lawyer is your best bet in this regard. However, finding an experienced attorney might be a bit challenging. That said, if you’re struggling to find a lawyer to handle a sexual harassment claim in your company, we recommend you reach out to The Law Office of Sheri Oluyemi, LLC. With years of experience in employment law, we can help you navigate sexual harassment cases in your firm and get justice served.

So You Think You’ve Been Discriminated Against Based on Your Race? Prove It.

September 4, 2018

We’ve all had that feeling we’ve rubbed someone the wrong way. This is a feeling that starts in our gut; it is our subjective understanding of the circumstances. Next, we try to objectively examine the way we are being treated relative to the treatment of others around us. We ask, is it me or are people of a different race being treated differently? This analysis is the same one demanded by Title VII of the Civil Rights Act of 1964 (Title VII) in racial discrimination cases. 

Racial discrimination is often manifested subtly and is difficult to detect.  It can also be extremely difficult to prove. However, one thing is certain, black Americans have faced discrimination in the workplace for the past 25 years. In fact, juries around the country are routinely awarding large sums of damages to African Americans who have demonstrated that they suffered racial discrimination in their respective workplaces. 

To prove race discrimination in the workplace, an employee must be able to demonstrate that they were subjected to an adverse job action based on their race. Generally, an employee has to prove race discrimination using direct evidence. An example of direct evidence would include, among other requirements, a memorandum, email or audio recording expressly stating something to the effect of: “Demote Jane because she is black; we only promote employees who are not black”. However only in rare cases does an employee actually have direct evidence of discrimination. Therefore, courts have accepted circumstantial (also known as indirect) evidence of discrimination. Where there is a sufficient amount of indirect evidence, the court will accept the entire compilation of evidence as proof of discrimination. An example of circumstantial evidence of racial discrimination in the workplace could include, among other requirements, a scenario where all the demoted employees were black, and all the promoted employees were white; without reason.

In order to prevail in a race discrimination lawsuit, the employee must demonstrate that:

  • They are in a protected class;
  • Qualified for a job or performing it adequately;
  • Were denied a job benefit or subjected to a negative job action.
  • The person who got the benefit or who was not subject to the negative job action, was of a different race or the company continued to search for qualified applicants. 

Proving a race discrimination case can be challenging. Additionally, there are strict timelines for reporting and filing racial discrimination claims. 

If you feel you have been discriminated against retaining the professional services of an employment law attorney will prove beneficial to assist you. 

Myths In Employment Civil Rights Litigation: Odds

March 30, 2018

Myth 6. Plaintiffs have high odds of success and win large awards.

Although media coverage gives that impression, we find that some 36 percent of plaintiffs have their cases dismissed or thrown out on a motion for summary judgment and 50 percent of plaintiffs receive settlements early on, with an average settlement of $30,000. Of those cases that go to trial (6 percent), only one-third end with a win for the plaintiff.

More significantly, we find that plaintiffs often pay a high personal cost for their involvement in discrimination lawsuits. Beginning in the workplace, once they start to raise the possibility that they were discriminated against and certainly if they file a charge, they face ostracism from management and even co-workers…

SOURCE: http://www.abajournal.com/magazine/article/myths_show_the_harsh_realities_of_civil_rights_litigation/P1