When it comes to sexual harassment in the workplace, an employer is definitely responsible for harassment by a supervisor to employees.
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Whether the sexual harassment leads to tangible employment action or not, the employer is still responsible for the safety of an employee.
A person qualifies as an employee’s “supervisor” if the individual has the expert to recommend tangible employment decisions affecting the employee or when the individual has the authority to immediate the employee’s daily work routines.
A change within employee’s status is known as a tangible employment action. Such punishments for an offense should value demotion, reassignment, change in compensatory salary, benefits or assignments. When an employee refuses to act on sex-related demands by a supervisor and thus the demotion occurs.
Such an action can either be beneficial or detrimental.
The EEOC has recommended that all companies establish, distribute to all employees, and enforce a policy that prohibits harassment. The harassment procedures should summarize preventative measures as well as disciplinary techniques taken if harassment occurs. The procedures should spell out how an employee can file a complaint. Generally, the policy and procedures needs to be in writing. It is also recommended that employees sign a document that appreciates receipt of the policies. The plan should state that the employer will not tolerate retaliation against anyone who complains of harassment or who participates in an investigation. The actions of a supervisor are legal on the supervisor, but the company is responsible legally as well.
Small businesses (usually fewer than 15 employees) might be able to discharge their responsibility to prevent and correct harassment through less formal means. As long as the business conducts a prompt, thorough, and impartial investigation of any complaints and performs swift and appropriate corrective motion, it will have fulfilled its responsibility to “effectively prevent and correct nuisance. ”
The EEOC has recommended practical guidelines regarding the duty associated with employers to prevent and correct harassment and the duty of employees to prevent harassment by using their employers’ problem procedures. Following these guidelines do not relieve any employer of responsibility for the harassment of an employee with a supervisor.
The following provides an overview of the guidelines for both employers and employees:
* Employers should encourage employees to report harassment to administration before it becomes severe or pervasive. The employer should assure employees that it will protect the confidentiality of harassment complaints to the extent it is possible.
* If an employer determines that will harassment occurred, it should take instant measures to stop the harassment and be sure that it does not recur. Disciplinary measures should be proportional to the severity of the offense. The employer also should proper the effects of the harassment by, for instance , restoring leave taken because of the nuisance and expunging negative evaluations within the employee’s personnel file that arose from the harassment.