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DEFINING HARASSMENT
When is a company liable for a sexual harassment claim? April 30, 1998 |
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Questions asked
in this forum:
Why should a company be liable for a harassment claim that was not reported? How can a business craft a harassment policy when the law remains murky? How do you define policies to meet standards a multi-cultural group will accept? Can large companies effectively monitor their workers? Is there a backlash against sexual harassment policies? Viewer comments.
NewsHour Coverage
April 22, 1998:
A summary of Burlington v. Ellerth.
April 22, 1998:
Legal experts debate Burlington v. Ellerth.
April 1, 1998:
A judge dismisses Paula Jones' harassment case against the president.
March 25, 1998:
Debating the terms of sexual harassment.
March 4, 1998:
How will the Supreme Court's ruling on same-sex sexual harassment impact the work place?
September 11, 1997:
A report on the problem of sexual harassment in the U.S. Army.
January 7, 1996:
The Supreme Court considers whether freedom from sexual harassment is a constitutional right.
April 26, 1996
A report on complaints of sexual harassment by women at a Mitsubishi automotive plant.
Browse the NewsHour's coverage of law.
OUTSIDE LINKS
Biographies of the Supreme Court Justices.
The U.S. Chamber of Commerce.
Burlington Industries
The Supreme Court is wrestling with another aspect of sexual harassment law: is a company liable for a harassment claim when the employee never tells them the problem exists?
The issue was raised in a lawsuit brought by Kimberly Ellerth, who claimed a supervisor engaged in a pattern of sexually harassing behavior. Although she rebuffed his advances, the executive did not retaliate. Ellerth knew the company had a policy against sexual harassment, but did not file a complaint during the 15 months she worked there.
One of the issues raised by Ellerth's case is the question of notification: Do employees have to complain before a company becomes liable for sexual harassment? And if not, how does a company monitor the behavior of all its employees?
The Equal Employment Opportunity Commission on Sexual Harassment:
"Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome. It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
...Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains. "
Aside from promoting its harassment policies, companies say they can't do much more. Ellerth's former employer, Burlington Industries, had a sexual harassment policy. It argues it is not liable, since Ellerth knew about the company's harassment policy but never told them about the problem.
"It's important for [companies] to know that if they take those steps, they're not going to be held liable, unless they've done something wrong, not just when some bad apple does something wrong," said Carol Connor Flowe, an attorney who filed in support of Burlington on behalf of the U.S. Chamber of Commerce.
But organizations that represent harassment victims disagree. "The truth is, for the worst apples, it's not hard to find out," said Ellen Bravo, the co-director of 9 to 5: The National Association of Working Women, which represents women and men in non-management positions. "The most egregious behavior is frequently known throughout the office."
Bravo argues that companies can easily screen applicants, educate and monitor employees to effectively eliminate workplace harassment.
What's your view? Is it possible for a company to effectively monitor the behavior of every employee? Should it have to? What do you think companies should do to stop harassment?
Send in your questions to Ellen Bravo and Carol Connor Flowe by Wednesday, April 29th at 9:00 p.m. E.S.T. We'll have their answers online the following day.
Why should a company be liable for a harassment claim that was not reported? How can a business craft a harassment policy when the law remains murky? How do you define policies to meet standards a multi-cultural group will accept? Can large companies effectively monitor their workers? Is there a backlash against sexual harassment policies? Viewer comments.
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