Am I Responsible For Sexual Harassment at My Small Business?
Employers with 15 or more employees are covered under the federal laws prohibiting sexual harassment in a workplace. Depending on your particular situation, you may be held accountable for misconduct by your employees. It is best to speak with an experienced attorney to learn the best legal course for your case.
The experienced business law attorneys at Dean & Dean provide comprehensive preventative and litigation services to business owners in need of legal advice with regard to sexual harassment.
What Qualifies as Sexual Harassment at Work?
The sexual harassment claim must prove that ongoing, severe, and/or widespread misconduct is present in your workplace. That means the perpetrator must have persistently or severely harassed their fellow employee(s). Some common examples of unlawful sexual harassment include:
- Using nicknames for employees/coworkers
- Whistling at employees/coworkers
- Unsolicited comments about an employee’s or coworker’s body
- Making offensive sexually-oriented jokes or comments
- Discussing the personal life of an employee
- Giving gifts with a sexual or sensual connotation
- Touching an employee or coworker (other than a handshake)
- overextending oneself into an employee’s personal space or stalking an employee
- Any form of sexual or intimate contact
- Promotion or demotion on the basis of gender
The fallacy of the actions listed above should come as no surprise to employers. However, as an employer, you can also be held responsible for the actions of your employees, especially if you do not take action when a sexual harassment complaint is brought to you. This can be seen by the court as permitting a pervasive hostile work environment in your establishment.
For instance, if you hire a female as the secretary for your all-male mechanic shop that has posters displaying nudity, sexuality, vulgar depictions, or simulations of sexual acts. She has the legal right to ask for these posters to be removed. If they are not, she has the right to file a law suit or claim. It is important to note: as an employer, you must be given the chance to fix a situation before you will ever be held liable for sexual harassment in court.
How Can I Defend My Business Against Any Future Sexual Harassment Claims?
One of the services Dean & Dean offers at our business law office is helping employers to develop a comprehensive employee handbook with clear and strict guidelines outlining the sexual harassment policies. We also tirelessly defend employers who have a handbook in place against sexual harassment claims. This is one of the most serious allegations that an employer can face – do not risk your business’s reputation or your own. Contact Dean & Dean, LLP to learn how we can help you defend your establishment against sexual harassment claims.
Can My Employees Hang Out After Work Together?
To be classified as sexual harassment, the offensive gesture must have happened at your establishment. It is important to note, however, that if, employee A asks employee B if they would like to grab a drink with a few co-workers, employee B cannot report this gesture as sexual harassment. If employee B would not like to receive those invitation, they can request employee A to not offer them anymore. If the invitations persist, the next step for employee B is to report this insistent behavior to you or one of your managers. Legal action can be taken after this point, so it is highly advisable that you speak with your business attorney about the best course of action from here.
What Will My Attorney Do?
Attorneys at Dean & Dean in Ocala, Florida believe that work-related sexual harassment creates an offensive, uncomfortable, and/or hostile environment. However, not all claims of sexual harassment at work are valid. It must be proven that the actions taken by an employer or co-worker were (a) unwelcome and (b) ongoing and/or severe. We are resourceful business litigation attorneys who have successfully defended businesses against all sexual harassment claims.
Contact a Business Attorney in Florida
Contact your business attorney at the law office of Charles E. Mills at (352) 515-9221 for more information on how to defend against sexual harassment claims.
