Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/932759
36 AGGREGATES MANAGER / February 2018 With the stream of sexual harassment claims emerging from Hollywood to Capitol Hill, increased claims are likely in the workplace. Kristin R.B. White is a member of the firm and manages Jackson Kelly PLLC's Denver office, where she focuses her practice on occupational safety and health and employment law. She can be reached at 303-390-0006 or kwhite@ jacksonkelly.com. Sexual Harassment in the #MeToo Era W ith the latest round of resignations and terminations happening on Capitol Hill and in Hollywood, it is only a matter of time until employers see an increase in sexual harassment claims in the workplace. These types of claims are costly from a defense perspective and can be even more costly in the court of public opi- nion. Therefore, it is important to know the different types of harassment that can exist in the workplace and what you can do to be proactive against such claims. The types of harassment in the workplace take three primary forms: quid pro quo, hostile work environment, and third-party harassment. Quid pro quo harassment means "this for that." Typically, an individual in a position of power uses that position to obtain sex. It also can arise in the context of a supervisor demanding sexual favors in exchange for a promotion or favorable work assignment. Second, harassment can take the form of a hos- tile work environment. A hostile work environment is an environment that is intimidating or hostile to work in for women or another protected class. It is defined as unwelcome conduct that unreasonably interferes with an individual's job performance or creates an intimidating, hostile, or offensive working environment for a protected class. The harassment must be sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment. If it is more severe, such as sexual assault, it does not need to be as pervasive. If it is less severe, such as jokes and comments, it must be more pervasive. The conduct must also be unwelcome. In training managers, it is important to recognize and train that what may be welcome to oneself may not be welcome to another, and what may be welcome in one setting may not be welcome in another. Similarly, conduct that was once welcome can be unwelcome and illegal. The third category is third-party sexual ha- rassment, which includes vendors, contractors, or customers. Employers must be conscientious in responding to claims of harassment, even if the harassment is from outside the company, but still occurs during working hours. The keys to a solid defense include having a good harassment policy, repeated employee trai- ning, and a thorough investigation of all complaints. There are a few factors to consider in evalua- ting whether you have a good sexual harassment policy. First, the policy should be in your handbook and reviewed with every employee at the time of hire. The policy should prohibit discrimination and harassment on the basis of race, color, sex, religion, age, national origin, disability, gender identity, sexual orientation, pregnancy, or any other legally protected status under federal, state, or ROCKLAW Kristin R.B. White