Workplace Sexual Harassment and Human Resources Law
Barb Anderson

Defined Tag: Human Resources Law.

The workplace is becoming increasingly complex. Men and women of every kind of race, creed, and even sexual orientation are intermingled in one organization. Human resources law seeks to ensure that such divergent groups of people work together harmoniously without fear of harassment or discrimination.

One of the biggest problems facing organizations is sexual harassment. Human resources law handed down by the United States Supreme Court in 1998 lays out some very important guidelines regarding how companies must address sexual harassment. First, all employers are required to have a written policy that explicitly prohibits sexual harassment. Each employee must be made aware of this human resources law through some sort of distribution process. Additionally, companies are responsible for the effective administration of sexual harassment human resources law, as well as the training of all employees in the company’s established internal complaint procedure.

According to human resources law, company employees are required to utilize the established internal complaint procedure when raising a sexual harassment claim. The employer must then respond have the opportunity to rectify the problem and come to a solution on the claim.. If the employee fails to follow human resources law and does not file a complaint properly, the employer is shielded from any lawsuit that might arise later. On the other hand, if the employer fails to train its employees as to the proper internal complaint procedure, the employee will be allowed to file a lawsuit against the employer for failure to follow human resources law. Additionally, many courts will lean towards the side of the plaintiff, presuming that the employer is at fault.

Other guidelines must be followed when dealing with sexual harassment in the workplace. The company must explicitly define or describe sexual harassment and inappropriate conduct. Examples can also be given to clarify the policy. A sexual harassment policy should also protect the claimant from retaliation from either the suspect or the employer. For example, a sexual harassment victim who properly files a complaint through the internal complaint procedures cannot be subsequently fired as a result of filing the claim. Sexual harassment policies must also provide for the confidentiality of the claim, the victim, and the offender.

If you are the victim of sexual harassment in the workplace, it is important to put everything in writing. Record the time, date, place, and parties present when the alleged harassment occurred. Keep copious notes on exactly what events transpired. If the harassment continues, keep a journal and log every incident with this information. Keeping a written log will help your case and will prevent a “your word versus his word” situation. When you finally do file a claim, make sure you follow the company’s internal complaint procedure diligently.

Barb Anderson has edited or written numerous articles for family-oriented ezines and sites on the worldwide web. Barb is Editor of the Power Learning Tips and Tricks newsletter, which is available at:   http://MastermindLearningSystem.com.