One reason is that, “An ounce of prevention is worth a pound of cure,” meaning that if you have the ability to put in place programs that help prevent unlawful workplace incidents that have become as pervasive as workplace harassment has, you should do it. An employment lawyer for harassment cases has the experience and knowledge that enables them to work with employers to develop effective anti-harassment programs.
According to the California Department of Fair Employment and Housing Act (FEHA), “The law requires that employers take reasonable steps to prevent and correct wrongful (harassing, discriminatory, retaliatory) behavior in the workplace.” This is not an option for employers; it is required by law.
An Employer-only Employment Lawyer Knows What the Steps Include:
- A clearly written, easily understandable policy that is provided to employees on a regular basis is crucial. Experienced workplace harassment legal help will understand the required components and provide the guidance to develop and put them into practice.
- Management should not only understand the policies, but also serve as a role model for correct workplace behavior, making it clear that inappropriate workplace behavior will not be tolerated.
- Two-hour training for supervisors and managers is required under two laws, AB 1825 and AB 2053. A employer-side harassment law firm with the right experience understands these laws and will be able to articulate them to leadership, and will inform the employer of the proper training vehicles.
- How an employer handles complaints requires specialized training, which an employment lawyer for harassment cases will have the experience to develop.
- When complaints arise, there should be policies and procedures outlining how to respond and investigate the complaints promptly, thoroughly, and fairly. The same is true for remedial action. A employer-side harassment law firm has the experience to legally (and therefore, accurately) create them so that the employer can focus on what they do best.
- An employment harassment attorney understands how to determine if a report of harassment is serious enough that the employer needs to conduct a formal investigation. If one is deemed necessary, the employee harassment attorney knows how to conduct a neutral investigation that is legally compliant, requirements, steps, how to properly document findings, and best legal practices involved in conducting a fair and neutral investigation.
What’s more, workplace harassment legal help can provide guidance and determinations on credibility, factors that impact credibility determinations, and how to address burden of proof.
Employment Lawyers for Harassment Cases Know What Constitutes Harassment.
In summary, harassment is unwanted conduct in the workplace and is considered a type of employment discrimination. Many of the same protected classes in workplace discrimination are protected from workplace harassment and include:
- Age (40 and over)
- Race
- Color
- Mental or physical disability
- Gender expression and identification
- Ancestry and genetics
- Religion
- Sex, sexual orientation, and transgender status
- Retaliation for filing or participating in a discrimination charge
An additional value that hiring an employment lawyer for harassment cases brings is that they know when harassment is considered unlawful versus a slight and irregular annoyance.
What Are the Forms Employment Harassment Takes?
- Inappropriate emails or social media posts
- Offensive insults, language, pictures or objects
- Unwelcome advances
- Unwelcome touching
- Verbal abuse
- Bullying
- Threats or intimidation
- Physical assault
- Quid pro quo requests
- Ridicule or insults
Bottom Line: Employers Don’t Know What They Don’t Know.
Especially in the state of California, employment laws are both complicated and frequently changing. One aspect of California employment law that does not often change, however, is that laws are particularly employee-friendly. An experienced, professional employer-only employment lawyer who has the best interests of the employer at heart and defends the employer against claims if they arise may be one of the wisest investments an organization can make.
