Preventing Harassment in Your Restaurant Presented by Jennifer L. Santa Maria (Ogletree) Rudy Miick (The Miick Companies, LLC)

Transcription

1 Preventing Harassment in Your Restaurant Presented by Jennifer L. Santa Maria (Ogletree) Rudy Miick (The Miick Companies, LLC). 2017, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ogletree.com

2 Harassment Defined Unwelcome conduct based on protected characteristic Becomes unlawful where Enduring offensive conduct becomes a condition of continued employment or Conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive

3 Protected Characteristics Race/Color Disability Religion Sex Marital Status Age Sexual Orientation Pregnancy National Origin Gender identity and expression Military service and veteran status Genetic Information

4 Harassment Prevention Approach should be holistic not one aspect taken alone, but all, combined, contribute to prevention Active and engaged leadership Consistent and demonstrated accountability Strong, comprehensive policies Trusted and accessible complaint mechanisms Regular, interactive, tailored training

5 Management Failures Verdicts significant when management contributes to harassment Plaintiff sued New York Police Department and 4 officers Rowdy atmosphere with a lot of sexual innuendos, sexual comments, questions, and intrusive questions regarding personal life and personal sexual habits Chief of Police was chief perpetrator! $400,000 award Kalt v. City of New York (S.D. N.Y. 2001)

6 Tone Begins at the Top From very highest levels in organization Foster organizational culture promoting respect and civility Establish a sense of urgency around prevention Take visible role in communicating and reinforcing importance of diverse and inclusive workplace, free of harassment Commit to ensuring that harassment-free culture is maintained

7 Strong Policies Elements of a strong policy: Clear explanation of prohibited conduct Anti-retaliation protection for complainants and witnesses Complaint process with multiple, accessible complaint mechanisms Assurance of confidentiality to extent possible* Complaint process including prompt, thorough, impartial investigation Assurance of prompt and proportionate corrective action

8 Anti-harassment Training For Employee Explore employee rights and responsibilities under policy, including reporting Describe formal complaint process and emphasize that retaliation is prohibited For Management Provide training to managers and supervisors outlining accountability and steps necessary to prevention or response expectations Stress affirmative duties of managers/supervisors

9 Workplace Harassment Investigations Q: How should an employer respond to a workplace harassment complaint? A: Promptly conduct a proper investigation and take effective remedial action.

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11 Why Are Investigations Important? Limits the likelihood of lawsuits Supports affirmative defenses to employer liability Limits the likelihood of punitive damages Improves employee morale Prevents public relations nightmares

12 What Triggers a Workplace Harassment Investigation? An investigation should be commenced whenever a harassment complaint is made - Need not be written or use magic words An investigation should also be commenced in the absence of a complaint if: - The employer becomes aware of information that creates a reasonable suspicion that harassment has occurred

13 Take Steps to Minimize Risk of Recurrence training programs re-distribution of sexual harassment policy monitor the workplace periodic contact with the complainant to assure no additional harassment or retaliation has occurred (document same)

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