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From the courtroom: How employers can beat a harassment lawsuit

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in Centerpiece,Employment Law,Human Resources

Employers that take every sexual harassment complaint seriously, investigate the allegations and act fast to stop it usually prevail if an internal complaint turns into a harassment lawsuit. These recent cases demonstrate just that, and what employers should routinely do.

Quick response is a lifesaver in a harassment lawsuit

For about a week, Yessenia endured a co-worker’s blatant sexual comments and harassment. When she complained to HR, the offending co-worker was immediately transferred to another site and the harassment stopped. Yessenia sued. The court dismissed the case, saying the employer wasn’t liable because it acted fast to stop the harassment. (Ramos v. Performance Contracting, SD TX)

The lesson: Remind supervisors to react immediately to harassment complaints, at least by notifying HR. Also note that the court specifically said you don’t have to fire the harasser; in some cases, a transfer is fine as l...(register to read more)

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