Here’s a novel situation: What do you do if you learn that someone is undermining a manager or HR director’s efforts to stop sexual harassment by enforcing company rules? If you ignore the manager’s complaint, she may sue the company for allowing sexual harassment to flourish.
Recent case: Patricia worked in HR. She admonished an employee to stop wearing provocative, unprofessional and revealing clothing in violation of the company dress code.
The vice president of the company refused to approve further discipline when the employee continued flaunting her body.
Patricia sued, alleging that managers tried to keep the atmosphere sexually charged by undermining her efforts to desexualize the workplace.
The court said she had a hostile work environment case. (Werner v. Advance Newhouse, No. 1:13-cv-0125, ED CA, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Use solid research to back business-necessity defense when deciding not to accommodate
- Doesn't matter that he didn't put a ring on it! Engagement unnecessary for retaliation
- Don't sweat innocent mistakes when deciding on disciplining
- Court: 'X' must mark the spot on EEOC forms