In our Sexual Harassment Awareness training workshops your employees will learn and apply the important skills of handling sexual harassment issues and complaints. This hands on workshop thoroughly addresses the elements of how to prevent unacceptable behavior. The workshop includes a detailed overview of what sexual harassment is, explains legal definitions, discusses sexual harassment prevention, and shows how to handle sexual harassment complaints and maintain a positive work environment.
For more information about individual sexual harassment training workshops please complete this form. Once the form is received one of our consultants will provide you with a confidential proposal that will include a detailed description of the training workshop and the costs for conducting it.
Sexual Harassment Training Workshop: Reporting Sexual Harassment to Your Supervisor
Have you reported instances of sexual harassment to your supervisor? Is your supervisor or manager the one harassing you? If so, you have rights.
Under Government Code Section 12940(k), an employer has a duty to prevent sexual harassment in the workplace. Additionally, supervisors have a duty to report any allegations of sexual harassment to management. See State Department of Health Services v. Sup.Crt. (2003) 31 Cal.4th 1026, 1040-1041. First, make sure you reported such activity to your supervisor, such as a manager. If your supervisor advises you to remain silent or not report such activity to human resources because you may be fired, your supervisor has neglected his/her duties and your employer may be held accountable. Not reporting such activity directly contravenes Government Code Section 12940(k). Moreover, your supervisor will have neglected his/her duty to report this behavior to his/her superior, and thus may have hindered correction action, needlessly prolonging your emotional suffering.
The California Supreme Court has held "that under the FEHA, an employer is strictly liable for all acts of sexual harassment by a supervisor." State Department of Health Services, supra 31 Cal.4th at 1042 [emphasis in original]. If your supervisor is the harasser, then your employer is strictly liable for "all acts of sexual harassment" perpetrated by the supervisor through his/her position of authority bestowed upon his/her by your employer.
In State Department of Health Services, the Supreme Court recognized the vulnerability of employees who are sexually harassed by their supervisor: "Sexual harassment in the workplace by a supervisor is a nightmarish experience for any employee. The employee wants a prompt end to the harassing conduct, but being known as a sexual harassment victim can be personally humiliating, and reporting acts of sexual harassment by a supervisor carries risks that are both professional and economic. When deciding whether to report a supervisor's harassment to an employer, the harassment victim, who may already feel vulnerable and defenseless, is likely to wonder: Will my employer believe me? Will my employer fire me, demote me, label me a troublemaker, or transfer me to a position with no future?" Id. at 1048.
You may currently be experiencing the "nightmarish experience" so eloquently articulated by the Court. If you filed a report that was dismissed or you were subsequently terminated after reporting sexual harassment in the workplace, then you should contact an employment attorney who can advise you of your many rights. Remember, you are the victim and have done nothing wrong!
Source: James Bell link
