Each day in the news we hear more and more about sexual harassment in the workplace. In some cases, the employer has been held liable for their employee’s improper acts. So, how can an employer avoid such liability? By establishing a proper anti-harassment policy.

Having a well written anti-harassment policy not only protects the employees, it protects the employers who provide employees with a way to report and resolve issues of harassment in a prompt and consistent manner. In 1998, the United States Supreme Court stated that an employer is entitled to an affirmative defense against liability if an employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior and that the harassed employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

Creating an anti-harassment policy is only the first step. Employers should review their policy to make sure that the policy is adequate under current law. In the Faragher case, the court found that while the employer had an established policy, it was insufficient. It is highly recommended that if an employer does not have an anti-harassment policy, they should establish one, and any employer who does have a policy should have it reviewed by an attorney if it has not been reviewed in the last two years to ensure that it conforms to the current federal and state laws.
Please feel free to contact me if you have any questions.

Laura M. Trujillo
ltrujillo@mclawfirm.com
480-994-2000

 

ANNOUNCEMENT

 

Effective January 6, 2020, attorneys Michael W. Margrave, Michael L. Kitchen, and Patrick J. Van Zanen, as well as paralegals Brittany Crane and Mallory Rasmussen, will join Sacks Tierney P A at their office located at 4250 N. Drinkwater Boulevard, Scottsdale, AZ  85251. Their new contact information is:

Michael W. Margrave    
direct line: 480-425-2606
fax: 480-425-4906
michael.margrave@sackstierney.com

Michael L. Kitchen
direct line: 480-425-2619
fax: 480-425-4919
michael.kitchen@sackstierney.com

Patrick J. Van Zanen    
direct line: 480-425-2623
fax: 480-425-4923
patrick.vanzanen@sackstierney.com

Brittany Crane
direct line: 480-425-2627
fax: 480-425-4927
brittany.crane@sackstierney.com

Mallory Rasmussen
direct line: 480-425-2629
fax: 480-425-4929
mallory.rasmussen@sackstierney.com

We hope to continue serving your needs at our new home with Sacks Tierney P.A. beginning January 6, 2020