Don Dressler Consulting

In recent weeks, the U.S. Equal Employment Opportunity Commission (EEOC) has announced a string of victories on behalf of employees in sexual harassment lawsuits. In one case, Specialty Restaurants Corp., based in Anaheim, agreed to pay $625,000 to settle a class action lawsuit charging that female workers were subjected to inappropriate touching, indecent and offensive comments, and other sexually harassing behavior by co-workers and supervisors. Specialty, which owns and operates restaurant and banquet facilities nationwide, will also adopt remedial measures in the workplace to ensure that employees are not sexually harassed going forward.

In another development, the Ninth Circuit Court of Appeals, which covers California, affirmed a jury verdict of over $1 million for farm worker Olivia Tamayo in a sexual harassment suit filed on her behalf by the EEOC against Coalinga-based Harris Farms, which is one of the largest integrated farming operations in the Central San Joaquin Valley. Tamayo, who had picked crops for Harris Farms for two decades, testified that her supervisor raped her on several occasions, threatened her life if she didn't cooperate, and subjected her to repeated verbal sexual harassment and intimidation. And, Tamayo alleged, she was fired after she complained to Harris Farms. The verdict included a hefty $500,000 for punitive damages (although the court reduced that to $300,000 because of federal law damages limits).

Finally, the EEOC has secured a $375,000 settlement from American Industrial Sales Corp., a Rochester, NY-based distributor of highway and industrial safety products, in a lawsuit that alleged sexual harassment on behalf of 18 female employees, including four teenagers. The harassment included inappropriate touching, sexual advances, and vulgar sexual comments. In connection with the resolution, the EEOC stated its hopes that "this settlement encourages employers to take steps to prevent sexual harassment and take effective measures to remedy harassment when it occurs." The agency also cautioned "companies to be mindful that teenage employees are especially vulnerable to workplace harassment because of their inexperience."

At the state level, jury verdicts and court judgments are awarded weekly against employers for discrimination, sexual and other protected class harassment and violation of obligations to disabled employees.

What does an employer need to do to protect themselves: a compliance program

Don Dressler Consulting provides every element you need and the law requires:

New hire notice
Employment law poster
Well written employee policy manual
Training for supervisors and managers
Investigation for every complaint
Advice and guidance on action to take
Representation if a DFEH or EEOC complaint is filed, including how to avoid litigation and referral to trial counsel if needed.
Being kept current as Congress, the State Legislature and the Courts continually change the law.

These developments emphasize the need for all employers to take seriously their legal obligation to prevent sexual harassment and other compliance with equal employment laws. Be sure to have a comprehensive sexual harassment policy and complaint procedure, and take effective remedial action in response to harassment.

Training should also be a key part of your harassment prevention program—and under California's A.B. 1825; you're required to train supervisors every two years if you have 50 or more employees.

--------------------------------------------------------------------------------------
Don Dressler Consulting has several important resources offering you an affordable, one-stop solution to your state-mandated A.B. 1825 training requirements as well as other State and Federal mandated HR compliance matters.

Provided by an attorney with both practical management and legal experience, available in English and Spanish, we make it easy for you to comply with the law and lower your risk of getting sued.

Just contact: Don Dressler at info@dondressler.com or call 949-533-3742.

To be removed from the subscription list just reply with “unsubscribe”.