Workplace Policies ... ( Continued from page 6 )
This Is COOL Insurance Made Simple
Employers should do thorough background checks on job candidates before hiring to reduce this risk .
Workplace Policies ... ( Continued from page 6 )
2 ) was not condoned by the employee in any way , 3 ) targeted a “ protected attribute ,” 4 ) was allowed by the employer , 5 ) interfered with job functionality , and 6 ) did not cease after appropriate actions by the employee .
Typically , a claim of a hostile work environment succeeds only if the claimant first made his or her employer aware of the situation and the employer failed to take appropriate steps to correct the problem .
Additionally , employees cannot claim that they were discriminated against simply because a manager or co-workers didn ’ t like them for personal reasons . However , employers or HR representatives receiving complaints should encourage individuals to be cordial and work well together despite personal attitudes . A targeted employee could assume ( and therefore allege ) that he or she is disliked because of a protected attribute . Employees should be trained on the aspects of a hostile work environment and behaviors that will not be tolerated in the workplace .
Employers should recognize that being able to prevent harassment litigation from being successful does not prevent the expensive litigation from occurring . Companies and managers take every step possible to keep employees from feeling harassed . Goodwill toward employees and an effort to accommodate concerns can prevent a host of legal issues . Most lawyers will not accept plaintiff cases unless an employer has disregarded the concerns of an employee .
Negligence in Hiring
There are situations in which an employer can be sued for negligence after a first incident of co-worker harassment . If a new employee is accused of physical harassment and it is discovered that he or she has been reported or arrested for similar behavior prior to being hired , a plaintiff could claim the employer showed negligence in hiring . Employers should do thorough background checks on job candidates before hiring to reduce this risk .
Documentation
Proper action by managers and HR representatives is of little value if it is not properly documented . If a suit is filed , the employer will need to provide proof of the facts pertaining to the suit . This may include proof of policies , training and management ’ s response the complainant ’ s original complaint . An employer needs solid proof that its managers took steps to prevent problems and inform employees about their rights . In addition , the employer must prove that when problems occurred , management responded promptly and appropriately .
The employer should have policies , practices and formal documents for handling complaints ; every complaint should be logged and investigated using established methods . A separate and confidential file must be kept , which includes all
( See Workplace Policies on page 8 )
7 Adviser a publication of LeadingAge New York | Fall 2017