You know you have an obligation to eliminate discrimination, harassment and retaliation. You know you have to make sure employees don’t harass co-workers or subordinates, or harm customers and others. On the other hand, you know applicants and employees have a right to privacy that is protected by state and federal laws.
It’s a balancing act: Just how do you protect workers on the one hand, while respecting their privacy on the other?
Fortunately, the U.S. Supreme Court has provided guidance. When the high court decided the landmark Faragher and Ellerth cases in 1998, it laid out a step-by-step way to avoid liability for workplace harassment. Employers that follow the court’s suggestions can substantially limit their exposure to liability.
The Supreme Court says an employer can avoid liability for unlawful workplace harassment by demonstrating it took three affirmative steps designed to (1) prevent, (2) detect and (3) remedy...(register to read more)