It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company.  In many of those reports, it seems that the environment was not conducive to reporting the alleged misconduct or to obtaining an internal remedy.  Employers would be well advised to publish anti-harassment policies, conduct anti-harassment raining and to make available bona fide reporting and corrective protocols. Doing so is protective of the workforce and legally can serve as a shield to claims.  For example, in Morgan v. Triumph Aerostructures, LLC, the United States District Court for the Middle District of Tennessee gave credit to an employer’s proactive steps in addressing harassment by dismissing an employee’s claims for sex discrimination, retaliation, and hostile work environment under Title VII and the Tennessee Human Rights Act.

Summary judgment was appropriate because the employer established its entitlement to the Faragher/Ellerth affirmative defense by proving it had promulgated and enforced an anti-harassment policy.  Notably, the employer provided discrimination and harassment training, ensured that employees were aware of how to report harassment, fully investigated the complaints of the plaintiff, and engaged in remedial action thereafter. The importance of effective anti-harassment and anti-discrimination training should not be underestimated.  Employers should periodically review their policies and conduct regular training to ensure (a) that all employees know how to report harassment and (b) that supervising employees are equipped to properly investigate and intervene when a complaint has been made.

A Jackson Lewis webinar on this topic is slated for December 14. Details can be found by clicking here.

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Photo of Jeffrey M. Schlossberg Jeffrey M. Schlossberg

Jeffrey M. Schlossberg is a Principal in the Long Island, New York, Office of Jackson Lewis P.C. Mr. Schlossberg has devoted his entire career to the employment law field. He is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jeffrey M. Schlossberg is a Principal in the Long Island, New York, Office of Jackson Lewis P.C. Mr. Schlossberg has devoted his entire career to the employment law field. He is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals and is an editor of the firm’s EPL Risk Mitigation Blog.

Mr. Schlossberg has extensive experience in handling all aspects of the employer-employee relationship. Areas of concentration include: employment discrimination prevention and litigation; workplace harassment policy development and compliance; social media and information privacy in the workplace; family and medical leave; disability matters; wage and hour investigations and litigation; non-competition agreements; and corporate mergers and acquisitions.

Mr. Schlossberg has defended against claims such as sexual harassment, age, race, national origin and disability discrimination for public and private companies in industries such as media, technology, airline, aircraft components, restaurants, supermarkets, securities, medical, manufacturing, cosmetics, food processing, software, clothing, vitamins and nutritional products, and many other employers of varying size throughout the metropolitan area and across the country.

Mr. Schlossberg lectures frequently about various topics to trade and professional associations, such as the Hauppauge Industrial Association. Mr. Schlossberg is also an active member of the Nassau County Bar Association and is a Past Chair of the Nassau County Bar Association Labor & Employment Law Committee.

Mr. Schlossberg is an appointed member of the Employment Law Panel of arbitrators for National Arbitration and Mediation.