• 02
  • August
    2011

When employees report sexual harassment complaints to their employers, the employers are required to take appropriate steps to make sure the harassment stops immediately and the environment does not become hostile.

Despite the law, there are employers in California who fail to take the necessary steps to help ensure sexual harassment stops. When employers repeatedly fail to punish offenders, they create a hostile work environment - effectively establishing a work atmosphere where sexual harassment not only exists but it condoned by employers.

One California employer is currently changing its sexual harassment policies after numerous employees filed sexual harassment lawsuits.

Each of the employees who filed lawsuits was a current or former city employee who was the victim of sexual harassment, discrimination or retaliation. To help ensure the sexual harassment stops, the city is adopting a zero-tolerance policy for sexual harassment.

Under the new policy, the definitions of sexual harassment will be broader. The new policy also eliminates appeals and arbitration procedures.

Although the old policy for sexual harassment was copied directly from California law, the city decided that they needed stricter laws. A city staff report stated, "The revisions make it absolutely clear that all forms of harassment are forbidden, irrespective of frequency of degree."

When outside investigators are hired to investigate sexual harassment allegations, the report from the investigator should not be given to the person reporting the harassment or the alleged accuser. There have been lawsuits against the city which cited the reports of the investigator.

The city mayor also stated that everyone needs to be aware of harassment, even when it does not impact them directly. She concluded by saying, "You can't be passive with what goes on in the workplace."

Source: Mercury News.com, "Concord toughens sexual harassment policy after numerous lawsuits," Paul Thissen, 27 July 2011