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Protections from Sexual Harassment Claims with an Anti-Harassment Policy

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Aren’t we protected in Florida from a sexual harassment lawsuit against our company as long as we have an anti-sexual harassment policy in place?

Yes and no. As you are probably well aware, just because there are court precedents that indicate one thing does not mean at all that your company should necessarily comply. As the best prophylactic measure against a lawsuit, it is always in your best interest to not only have an anti- sexual harassment policy in place, but also to be aggressive about investigating claims and taking measures to educate your employees about sexual harassment.

There have been several Supreme Court cases in the last decade that have dealt with sexual harassment in the workplace. One of those cases was actually a Florida case called Faragher v. Boca Raton. The other case, which was similar, is called Burlington Industries, Inc V. Ellerth. Both cases took place in the 1998 and reached the same ruling: that an employer might avoid any liability with regards to a sexual harassment claim as long as the situation meets two conditions:

The employer must prove that it has exercised reasonable precautions and care in order to prevent sexual harassment from occurring in the workplace. The employer must also prove that it has taken immediate actions to correct the sexually harassing behavior once it is identified.  

In the event that the employee filing the claim failed to participate in preventative or corrective programs and opportunities that were offered by the employer, then the employee most likely will not have a case. In other words, the employee needs to report any alleged sexual harassment to the employer prior to taking the situation to the courts in order to establish a case.

Just because your company has an anti-sexual harassment policy does not mean that your company is completely insulated from a lawsuit and from being found liable. Always make sure that you not only establish this anti-sexual harassment policy, but that you regularly remind employees of the policy. To do this, you should give new employees a handbook with all company policies, distribute regular policy-oriented company memos, displace policy posters, and make sure that your employees have access to training programs.

Furthermore, you should always take swift action when a claim is filed with your office. Failure to take immediate action and to investigate could help to build a case against your company.