Scope of harassment liability expands

Article Abstract:

The EEOC reports that 50% more sexual harassment charges were filed during FY 1992, and employers must be extremely careful now that two 1992 decisions have extended their liability to sexual harassment performed by non-employees on their premises. The cases are Powell v Las Vegas Hilton Corp and Magnuson v Peak Technical Services. As was the case with these two suits, employer liability should only go as far as agency law permits the employer to control non-employees. Employers should investigate promptly and try to end the harassment even if this means lost business.

Agency (Law)

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An expert can gauge perceptions

Article Abstract:

Expert testimony has many roles in employer-employee conflicts and now courts have introduced the concept of a reasonable woman as part of a standard to determine whether, given widespread background knowledge of the job situation, certain actions constituted sexual harassment. The concept of a hostile work environment has become a key issue and while male employees seem to believe that sexual harassment can only come from a supervisor, women employees stress the role of the environment overall.

Usage, Work environment, Sex roles, Evidence, Expert, Expert evidence, Sex role in the work environment

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Harassment gets taken seriously

Article Abstract:

Employers should develop policies for investigation sexual harassment claims to protect themselves from liability in 'hostile-environment' harassment cases. A thorough, prompt internal investigation conducted in good faith may resolve the issue, and failing that, may protect an employer from liability. Employers should also take proper remedial action against employees found to be harassers.

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