Every employer must take appropriate measures to minimize incidences of sexual harassment in the workplace. Employees are always vulnerable to different forms of harassment and it is the duty of the employer to ensure that policies are in place.
Lawsuits can be costly and the best way to avoid this is to implement a strong policy and take immediate action against any complaint. In addition, employees must be trained and be made aware of the organization’s policies so that employees feel protected and are also aware of the consequences of misbehavior.
According to Ohio sexual harassment lawyers, all forms of sexual harassment and discrimination are prohibited and are considered workplace discrimination. Sexual harassment is when an individual makes sexual innuendos and sexual advances despite knowing that the recipient objects to such kind of behavior. The victim must also actively demonstrate his/her disapproval and not show any sign of flirting, which could potentially ruin a sexual harassment claim.
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Primary duties of employers
Dayton, Ohio Sexual harassment attorneys reiterate the fact that employers have two primary duties if they receive any complaint of sexual harassment by an employee. First, they must take immediate steps to stop the harassment. This includes a meeting between the senior management and directors and the accused in order to get both versions. Employers are also responsible for compensating the victim for sexual that occurred.
In cases where sexual harassment is suspected, employers must take proactive measures by distributing material on sexual harassment, the company’s policy as pursuant with federal law, and make sure employees are aware of the procedure for filing a complaint. Do you want some more information along these lines? You can go to this page for even more judicious advice and information.
Complaints must be treated with strictest confidentiality while employees must be encouraged to come forward with any reports of harassment as soon as they can. Following suspicion or filing of a complaint, a thorough investigation must be conducted by an internal investigations committee.
Sexual harassment attorneys say that employers must enforce their policy and take stern action against the alleged harasser by suspension or termination. It is not recommended that the alleged victim be fired in order to avoid being held guilty of retaliatory termination.
Conducting investigations
For all practical and legal purposes, complaints ought to be recorded in writing so that it also reveals any pattern of complaints about any employees. To ensure a fair investigation at least one of the members of the internal investigations committee must be an employee not within the management structure.
In addition, the alleged victim and perpetrator must be interviewed to create a free and fair investigation. It would be wise to separate both the accused and the harasser during the investigation.
When supervisors are accused of sexual harassment
In many cases, supervisors are accused of sexual harassment. Therefore, it is important for employers to implement a policy where the alleged victim can report harassment to more than one individual so that immediate supervisors do not have the chance to silence the victim. In cases where the employer is alleged to have made sexual advances, victims have the right to immediately inform the police and seek counsel from a Dayton, Ohio Sexual harassment lawyer.
It is important to remember that victims of sexual harassment can seek damages for a number of related issues ranging from loss of wages to emotional distress, punitive damages, and medical expenses that can put a serious dent into your checking account. Therefore, it is always prudent for employers to ensure that they have a stringent sexual harassment policy to deter potential harassers and protect a vulnerable workforce.
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