new hairdo. Today, he patted Marianne on the shoulder Deborah, the regional vendor rep, Jake has been pressing
her for a date to “get better acquainted.” Maybe Jake is a top-performing employee, and maybe the women
always seem to play along with his chatter, but the fact remains that Jake is a ticking time bomb. His comments are creating a hostile work - ment lawsuit. The recent nationwide headlines about misdeeds in high bottom line.
many levels,” says Joseph P. Harkins, a Shareholder in the Washington, - and negative publicity.”
Beware the risk much more insidious problem. “Statistically, most complaints in recent years are not for quid pro quo harassment, but for environment claims such as inappropriate comments and jokes,” says Harkins. That’s why Jake, in our opening scenario, poses such a threat. The issue has become more acute as employees have become more willing to speak up about people like Jake. “We have come to a tipping point in society where people are starting to believe individuals who - “And that’s a good thing. Before, it was too often a case of ‘he said, she said.’ But now people will no longer deal with these indignities.”
Costly lawsuits for many business owners, and the cash involved can certainly be substantial. While federal law caps compensatory damages at $300,000, most state laws have no such ceiling. “It is popular for - utes include fee shifting provisions, so a prevailing employee’s attor- ney fees are paid by the employer. It’s not uncommon for attorneys’ fees to come to a quarter of a million dollars, on each side.” Moreover, transgressors can incur personal responsibility. “Some
- dividual,” says Bob Gregg, co-chair of the employment practice - touching and groping, which can be deemed assault and battery. “Individuals can also be held liable for defamation if they spread false information, or make mocking comments, about a person’s - pliers, or public visitors to the workplace. Don’t think only big employers are at risk. “Federal anti-dis-
says Harkins. “And most states have similar laws which cover even smaller ones.”
Plunging morale - Bullying, she says, can take a toll on performance. “Instead of be- ing productive, a harassed individual becomes constantly afraid of encountering another comment, another inappropriate touch, an- other arrival of that creeping feeling of ‘here we go again.’” - uals will likely go into a protective stance when asked by a prospec- tive employee about working at the company,” says Ford. “They - great recruitment tools. “There is no marketing better than some- one saying, ‘I love where I work.’”
Protect yourself How can you protect your business? Gregg says an organization First, that it took reasonable care to prevent and correct harass- - rective opportunities the employer had established. While those general guidelines are important, Gregg points to
- - ecutive. “If I am a top manager, then my acts are perceived by the about any manager or supervisor might be perceived as a top-level
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