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28-Dec-2017 10:04

The EEOC requires that employers take reasonable steps to prevent harassment before it occurs.

Most states have discrimination prohibition enforcement agencies, which generally impose similar requirements.

At some point during this process (at litigation, if not before), the alleged harasser will be able to find out the name of a complainant.

A witness to forcible, physical sexual harassment may "not want to get involved"; but if a factual dispute arises, that witness might have no choice.

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Among the elements of a proper sexual harassment policy are the following: Supervisors should be told to take seriously, and to report, any report of potential harassment, no matter how "offhand" or informal.

Rather, the conduct is evaluated from the perspective of the victim. 1991)), the trial court found that there was no harassment, characterizing the defendant employer as an inept Don Juan rather than a wrongdoer.

The Ninth Circuit rejected the "reasonable person" standard utilized by the trial court since it "tends to be male biased and systematically ignores the experiences of women." Rather, the circuit court found that if a "reasonable woman" would find the conduct severe and pervasive enough to alter the terms and conditions of employment such that an offensive environment was created, then sexual harassment can be found.

This policy is critical because under federal case law, an employer fulfills its obligation if it takes all reasonable steps to prevent harassment before it occurs, and to take effective steps to remedy harassment after it takes place.

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If an employer demonstrates those attempts at prevention and remediation, it might not be found liable for the act of harassment itself.Far more pervasive and more evident in the courts is harassment based upon a "hostile work environment." According to the case law and the EEOC's interpretative regulations, a "hostile environment" is one that is so pervasive that it materially alters the terms and conditions of employment (29 C. However, some comments or conduct can be so severe that a single incident can create liability.