Bloomberg BNA Announces “Preventing Sexual Harassment” Fact Sheet 2013 Edition

Bloomberg BNA announces the publication of the 2013 Edition of Preventing Sexual Harassment and Other Workplace Harassment: A Fact Sheet for Employees, a tool to help employers and employees understand the complex issues involved in sexual harassment and other workplace harassment. When distributed to employees, the Fact Sheet—available in eight-page booklet and fold-out formats—aims to strengthen an organization's non-harassment policy and ensure both that employees understand current legal requirements and that employers remain in compliance. The Fact Sheet can be used in supervisor and employee training, distributed annually to keep staff informed of changes to harassment policies, and displayed in common areas of the office or break rooms.

The Fact Sheet offers a simple way to build an effective behavior standards program in the workplace, and distill complex and confusing issues into language that can be understood on a personal level.
Preventing Sexual Harassment and Other Workplace Harassment: A Fact Sheet for Employees, 2013 Edition gives explanations of what sexually harassing behavior is, when a workplace environment becomes sexually hostile, and how to tell if conduct is unwelcome. It discusses harassment in the workplace based on such characteristics as age, race, disability, national origin, and religion. The Fact Sheet shows supervisors—with examples—where to draw the line for themselves and others. Additionally, it shows employees how to address problems before they escalate and become actionable.

The 2013 Edition includes descriptions of important cases and developments:

• Legal protection against anti-gay harassment is now widespread. In Patino v. Birken Mfg. Co., the Supreme Court of Connecticut upheld a jury verdict for emotional distress where an employer allowed employees to subject a co-worker to sustained verbal abuse.
• Not all complaints are protected from retaliation. In Jajeh v. County of Cook, the Seventh Circuit Court of Appeals ruled against a retaliation lawsuit because the suing employee’s internal complaints did not reflect his perceived religious and ethnic harassment.
• A single incident of harassment, if severe, can support a lawsuit. In EEOC v. Management Hospitality of Racine, Inc., the Seventh Circuit Court of Appeals upheld a jury verdict in favor of an employee, saying that “even one act” of harassment is actionable if it is “egregious.”
• Delay in complaining can doom a suit. In Crawford v. BNSF Ry. Co., the Eighth Circuit Court of Appeals held against employees who delayed reporting “to build up evidence” and because the employer promptly acted upon receiving a complaint.
• Social media postings do not show workplace conduct is welcome. In EEOC v. Management Hospitality of Racine, Inc., the Seventh Circuit Court of Appeals allowed an employee’s suit against workplace conduct, in spite of the employee’s sexually graphic social media posting. 

The author of the 2013 Edition of Preventing Sexual Harassment and Other Workplace Harassment: A Fact Sheetfor Employees is David D. Kadue, a partner in Seyfarth Shaw, Los Angeles, CA, and a co-author of Bloomberg BNA’s Age Discrimination in Employment Law and Workplace Harassment Law. This treatise is available for sale directly from Bloomberg BNA and also will be available on the Bloomberg Law legal and business information system.

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