Employees shouldn’t have to endure sexual harassment, whether it comes from another employee or someone outside the company.
Recent case: Shelly Morita worked as a personal assistant for film producer Jon Peters. While filming a movie in Australia, an Australian company handled the details, including pay and benefits. Morita quit after Peters allegedly grabbed her buttocks and breasts.
She sued for harassment. The company said it wasn’t Peters’ employer and therefore not liable.
The court said the company was the employer and potentially responsible for harassment by someone Morita was forced to work with. But in this case, it escaped responsibility because Morita never complained and never gave the company a chance to fix the problem. (Morita v. Outback, No. B219559, Court of Appeal of California, 2nd Appellate District, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't let petty grievances cost you sleep: They seldom cause discrimination liability
- Long history of misconduct? Document every step of disciplinary process
- Look for hiring trends that could signal bias—you might just avoid a huge jury award
- When discipline differs, be sure to document why