Legal News
Company Wins Case With Good Investigation & Training
- By Rita Risser, California attorney at law
No matter how good your anti-harassment policy and practice, harassment happens. But if your company responds to complaints with a good investigation and training, according to a new case you will not have to pay punitive damages.
DeVilbiss Company had a zero tolerance sexual harassment policy. A male accountant complained about sexual horseplay from his female supervisor. The company conducted four separate investigations of his complaint, but none revealed evidence that would have justified firing the supervisor. In the interviews, coworkers were asked neutral questions which were open ended and not suggestive, for example, "Have you seen any inappropriate behavior in the department?"
The company instituted a harassment prevention training program and required all employees, including the supervisor and the accountant, to attend.
The company also hired outside employment law specialists to look into whether its internal investigations had been proper and thorough and contracted with them to investigate the accountant's claims further. The outside specialists determined that the company's investigations had been thorough and confirmed the company's conclusions.
The accountant argued it was unreasonable for his boss to remain as his supervisor. The company responded that the small size of the plant and of the accounting department made it impossible to accommodate his request for another supervisor unless the supervisor was terminated. Terminating her without more evidence would have exposed the company to legal action by her. Moreover, there were no further complaints by the accountant of any sexual harassment after the company took its actions in response to his initial complaint.
The court upheld the actions of the company and denied punitive damages.
What this means to you: Whenever there is a complaint of harassment, make sure your company does everything right. It could save you some big money!
Dominic v. DeVilbiss Air Power Co., (8th Cir. 2007)
The best harassment prevention training we know of is ... ours! Check it out.
Big Money
Ford Motor Co. and others agreed to pay $1.6 million to settle a race discrimination class action case arising from an apprenticeship test that adversely impacted African Americans.
A Hawaii man won $2.5 million in a race discrimination settlement against Lockheed Martin.
Fair Measures reports only settlements and final judgments - never jury verdicts.
How much does training cost? A lot less than a lawsuit! Email us to find out how our training can help your company.
Ask the Lawyers #1
We laid off an employee who now says he's disabled - should we worry?
We have an employee who we have just had to let go due to lack of work. This employee is now saying they are going to sue the company under the ADA guidelines. We did not know of any mental condition nor was this employee let go for such said reason. Does the company need to worry about this threat?
Rita Risser replies:
I wouldn't worry, exactly, but now would be a good time to make sure all of your documentation is in order. Get witness statements from everyone as to why s/he was picked for layoff versus someone else, and declaring they had never received any notice of a mental condition. If the employee files with the EEOC, then hire a local attorney. Also, if the employee files for unemployment and states on the form that s/he they believes it was due to discrimination, you need to set the record straight. You do not oppose the unemployment, but document the correct reason.
Good luck.
How to handle layoffs with "risky" employees is covered in our Managing Within the Law II program.
Ask the Lawyers #2
We owe employee and employee owes us - can we hold check until he pays us back?
I am an HR representative for a hotel chain. Some accounting problems show that we owe an employee money (payroll). The employee is salaried and we owed money from past payroll checks, however, by a physical count of what we call a 'bank' the employee owes us money.
The company put a stop payment on the check (not my idea) and reissued another check. They are holding the check in lieu of the employee paying the amount owed in their "bank." Is this allowed? I think not but can't find any legal precedence to support. Thank you for your help in this matter.
Rita Risser replies:
It depends on state law and you should talk to a local attorney. But in California and many other states, you have to pay employees for working and if they owe you money, they can then pay you back -- you cannot deduct what they owe. If they don't pay, you could take them to small claims court.
Every manager needs to know the basics of employment law. Check out our Managing within the Law.
Ask the Lawyers #3
Can managers pay above the salary range?
Is it legal for managers to pay certain staff whatever they choose to even though we have salary ranges and performance targets? We have some staff who are paid well beyond their "worth" and others that are paid well below market value?
Rita Risser replies:
Legally, you can pay people whatever you want, as long as you don't discriminate on the basis of sex, race, age, etc. If the managers are inconsistent in their own pay practices, and there are differences of gender or national origin among employees, then it may at least appear to be illegal unless the discrepancies are justified by legitimate business reasons. If, on the other hand, each manager is consistent but you have inconsistencies across the organization, that is safer legally. However, sometimes the problem is that random behavior by managers might look like a discriminatory pattern if seen across the organization. That's why most companies have salary grades and try to have consistency among employees.
Good luck.
The only thing worse than an untrained manager is an untrained manager who treats employees inconsistently for no good reason. Call us to help you. 1-800-458-2778.
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Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.
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