Sexual Harassment Claims Defense
CE Smith Law Firm offers comprehensive legal defense for businesses facing sexual harassment claims in Los Angeles, Orange County and Sacramento. Led by attorney Clifton E. Smith, the boutique firm stands out as a formidable ally for employers. With over 20 years of experience as an employer defense attorney and a labor relations professional, Mr. Smith combines legal acumen with a practical understanding of Human Resources. His extensive background equips him to address and strategize effectively against complex employment law challenges.
A Brief Overview Of Sexual Harassment
Sexual harassment in the workplace generally falls into two categories: quid pro quo and hostile work environment. Quid pro quo harassment involves a superior requesting sexual favors in exchange for employment benefits. Even indirect suggestions of such exchanges can qualify as harassment. On the other hand, a hostile work environment encompasses inappropriate conduct, such as offensive jokes or images, that is pervasive enough to alter employment conditions and create an intimidating atmosphere.
Defenses Against Sexual Harassment Claims
Employers have several defenses available when facing sexual harassment lawsuits. Common defenses include proving that the claim was filed after the statute of limitations has tolled and arguing that the plaintiff failed to exhaust required administrative remedies before filing suit. Other defenses might argue that the alleged conduct was not severe or pervasive enough to constitute harassment or that the conduct at issue was not unwelcome. In some cases, the defense may demonstrate that the complainant lacked standing or that their actions are barred by the doctrine of avoidable consequences.
Proactive Human Resources Strategies
Attorney Clifton E. Smith advises businesses on establishing effective Human Resources policies to prevent sexual harassment incidents. By implementing clear guidelines and training programs, employers can foster a respectful workplace culture. These proactive measures not only minimize potential claims but also protect the business and its employees.
Frequently Asked Questions About Sexual Harassment Claims Defense
Businesses facing allegations of sexual harassment are at risk of costly litigation. A lawsuit could also do significant damage. Many employers hoping to defend their organizations against allegations ask the common questions below.
What are an employer’s mandatory sexual harassment training obligations in California?
Companies with five or more employees must provide sexual harassment prevention training every two years. The training should address the definitions of harassment and critical statutes. It should provide examples and explain the complaint process within the company, as well as the investigatory obligations imposed by California law.
Most employees should receive one hour of training, while those in supervisory positions should receive at least two hours of training. New employees should receive the education within six months of taking a job or receiving a promotion, although that window of time shortens to 30 days or 100 hours worked for temporary and seasonal staff.
What steps should an employer take immediately after receiving a DFEH sexual harassment complaint?
Many harassment complaints come from the California Civil Rights Department, formerly known as the Department of Fair Employment and Housing (DFEH).
Employers should immediately act to prevent future harassment. The company must also conduct a thorough investigation. Securing evidence, talking with witnesses and separating the parties involved are all critical steps.
How can California employers prevent retaliation claims when investigating sexual harassment allegations?
Preventing retaliation is a key component of effectively responding to and defending against harassment claims. Many sexual harassment lawsuits allege retaliation. Keeping the report as private as possible, conducting a neutral investigation and avoiding negative transfers or other punishments for the reporting party can all reduce the chances of a retaliation claim.
What options does an employer have if they believe a sexual harassment complaint filed against them is false or exaggerated?
Fabricated complaints and minor incidents exaggerated for leverage are somewhat common. Conducting a neutral investigation as thoroughly as possible is the best way to exonerate the company.
Proper documentation of the investigation process, including any review of communications and witness statements, is important for reaching a valid conclusion. It is also important to keep the investigation’s details confidential.
Ensuring the parties investigating are as objective as possible and that they review all evidence, while also factoring in the credibility of the parties involved, can help enhance the authority of the investigation report. In many cases, companies may need legal guidance when investigating and responding to sexual harassment claims that appear fabricated or exaggerated.
Contact CE Smith Law Firm
For small to medium-sized employers seeking a seasoned sexual harassment defense attorney, CE Smith Law Firm offers the experience needed to navigate these complex issues. Contact the firm’s Oceanside office today at 888-780-4541 to schedule a consultation and ensure your business is protected.