Employer’s Liability for Sexual Harassment by Supervisors

Charges of Sexual Harassment Are a Small Business Nightmare – Statistics Bare This Out.

Last year, 15,222 charges of sexual harassment were filed with the EEOC and state FEPA’s with which the EEOC has work sharing agreements – 12.1% of them by males.

Last year, charging parties recovered some $50.3 million dollars through resolution of sexual harassment charges by these agencies. This does not include amounts received through litigation.

Continue reading »

Employment Manuals: An Ounce of Prevention

In few areas are employers more heavily regulated than in their employment relationships. At the federal level, such regulation includes: the Fair Labor Standards Act, the National Labor Relations Act, the Immigration Reform and Control Act of 1986, the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, and executive orders applicable to federal government contractors. At the local level, state common law and numerous statutes, regulations and ordinances affect virtually every aspect of the employment relationship, and in some cases, impose pre- and post employment obligations.

Some employers attempt to navigate this regulatory minefield without clearly defined written policies and procedures that take into account the federal, state and local laws applicable to their operations. The larger the employer, or the more jurisdictions encompassed by its operations, the more hazardous this becomes.

Continue reading »