Sexual Harassment Compliance

It is unlawful to harass a person because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). Clark Hill can help keep your company compliant with the current harassment rules and regulations.

Compliance is a Process, Not an Event

Identify and Assess Risk Areas

  • Is the company aware of compliance requirements?
  • Have any processes or procedures been put in place?
  • Are there immediately identifiable red flags?

Develop or Revise Policies and Procedures

  • Assist employer to establish or amend processes and procedures regarding sexual harassment.
  • Advise on proper documen tstorage, retention and destruction policies.
  • Establish policies in the event of an investigation.

Train and Educate

  • Prepare materials and conduct training for management and employees on sexual harassment compliance.
  • Continually advise on new rules and regulations 

Monitor and Audit 

  • Monitor efficacy of, and compliance with, sexual harassment policies and procedures.

Revise and Adapt

  • Revise policies and procedures to increase efficiencies, correct deficiencies and adapt to changes in sexual harassment rules and regulations.

Defend

  • Advise and defend companies subject to sexual harassment lawsuit
  • Negotiate with government agencies to reduce fines and penalties for non-compliance.