EMPLOYMENT LAW BULLETIN
Vol. 05, No. 9
Courtesy of ESKRIDGE LAW

California's high court broadens harassment rights! Based on a recent decision issued by the California Supreme Court, employers may be liable for sexual harassment of an employee even if that employee had not been subjected to any sexual advances.

In Miller v. Department of Corrections, two female employees filed a lawsuit against their employer for sexual harassment and retaliation. The employees complained of a pattern of favoritism toward female co-workers who were involved in sexual affairs with the warden. The plaintiffs contended that the warden unfairly promoted these employees at their expense. Following the reasoning of a policy statement issued by the Equal Employment Opportunity Commission on the topic of sexual favoritism, the court held that

"when sexual favoritism in a workplace is sufficiently widespread, it may create an actionable hostile work environment in which the demeaning message is conveyed to female employees that they are viewed by management as 'sexual playthings' or that the way required for women to get ahead in the workplace is by engaging in sexual conduct with their supervisors or the management..."

The EEOC has established guidelines to prevent the occurrence of sexual harassment in the workplace.

Here is a list of things you can do:

• Make sure that employees are being treated fairly. Create merit-based standards for rewards and promotions.
• Implement a program that prohibits sexual harassment.
• Affirmatively raise the subject with all supervisory and non-supervisory employees, expressing strong disapproval and explaining the sanctions for harassment.
• Create a procedure for resolving sexual harassment complaints.
• Encourage victims to come forward, ensuring confidentiality and providing effective remedies. Remember, the disciplinary action should reflect the severity of the conduct.

New Rulings Expand Employer Liability. In another California Supreme Court case, the Court found that not only do businesses such as restaurants, bars and shopping centers owe a duty to prevent foreseeable criminal acts by third parties, they also have a legal duty to take "minimally burdensome" measures to protect patrons while a criminal assault is developing, provided that no employee's own safety is endangered. This means that businesses must take at least minimal measures to assist customers who may be or are being attacked even if no similar crimes have occurred on the premises in the past. Make sure your employees are trained in how to respond to criminal activity that arises on your premises, instruct them not to put themselves in harm's way, and be sure adequate security measures are in place.

ESKRIDGE LAW may now be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.

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