Workplace Sexual Harassment

What do Harvey Weinstein, John Besh, and James Toback all have in common? 
So, what does this mean for California employers?
If you haven't been keeping up with the news, it is a good idea to pay close attention. For those who have, there has never been a more critical time to be up to speed with your compliance, policies and procedures related to sexual harassment, discrimination, retaliation and abusive conduct.
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The reality is that the news and social media are blowing up with stories about sexual harassment. Each day it seems that there is another high profile individual being accused of inappropriate workplace (and non-workplace) harassment.

Due to the significant attention being given to this topic, and more important, the growing number of women and men feeling confident enough to finally come forward with their stories and accusations of being sexually harassed in the workplace, there is no doubt that this will also be seen in all workplaces...big and small...high profile and not.
What to do if you receive a complaint of harassment, discrimination, retaliation or abusive conduct from an employee.
  1. First and foremost, you should ALWAYS take it seriously...regardless of whether or not you believe that it is or not.
  2. Ensure the safety of your employees. If the complaint includes any violent or dangerous acts that have or may cause injury to employees, contact the appropriate law enforcement to address the matter.
  3. Have a qualified, external, neutral party conduct an investigation. One of the biggest mistakes that plaintiff lawyers capitalize upon is a business's decision to have an internal, unqualifed individual (often a manager or HR professional) conduct the investigation.
  4. Punishment should fit the crime and be consistent. In other words, the outcome should be consistent with the acts engaged AND consitent with how it has been treated historically in the company. Don't make exceptions are give anyone (especially managers) more leeway.
  5. Don't retaliate. This should be obvious, but just in case, when an employee makes an honest complaint of harassment, discrimination, retaliation or abusive conduct OR an employee provides information or details in the course of an investigation, under no circumstance should they be subject to any negative or adverse actions for doing so.​
Sexual harassment has long been one of the leading areas of employee litigation in California. Most of these lawsuits also including claims of discrimination and retaliation.

With the increased awareness and confidence being created by recent highly profile events, there is no doubt that plaintiff lawyers are going to be extremely anxious to find new clients and go for the gold.

​The good news is that there are things that employers can do to prevent, eliminate and address harassment, discrimination, retaliation, and abusive conduct. Some of these being legally required and others being best practices. 
What can the Business & People Strategy Consulting Group do to assist with harassment, discrimination, retaliation and abusive conduct?
  1. Draft compliant anti-harassment, discrimination, retaliation and abusive conduct policies and procedures.
  2. Conduct classroom, live webinar and e-learning course training for managers and non-managers, including the legally required California Mandatory Sexual Harassment and Abusive Conduct Prevention Training for Supervisors. 
  3. Conduct investigations into complaints of harassment, discrimination, retaliation and abusive conduct...conducted by qualified and certified investigators and interrogators. 
  4. Defend/represent you against​ EEOC and DFEH employee lawsuits for harassment, discrimination, retaliation, and abusive conduct.