Oct27TueOctober 27, 2020
Source: with permission: https://telioslaw.com/blog/ten-ways-land-court-over-sexual-harassment
Harvey Weinstein, Matt Lauer, Al Franken—and the list goes on. High-profile sexual harassment allegations have shaken up Hollywood, the media, and politics. But don’t think that this trend is confined to celebrities. They are not the only ones who can, and do, abuse power. Sexual harassment by employees, if not dealt with swiftly, can create a toxic work environment as well as land even small organizations in hot water. In light of this timely topic, here are ten easy ways to end up in court over sexual harassment. Topics in this “what not to do” list are examples taken from actual cases.
Before diving into this list, it is important to remember when organizations can be held legally liable for sexual harassment that happens to their employees. A key defense exists to sexual harassment liability for organizations, called the Faragher/Ellerth defense. In order to take advantage of this defense, an organization must prove “(a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.”1 With that in mind, let’s dive into the list, as many of these easy ways to fail are ways to lose this defense.
“Female karate teacher sends nude photos to 11-year-old student and invites him over to her house for sex.”
“Youth pastor accused of sending sexual texts to 15 year old.”
“Camp Director sends inappropriate snapchat messages to campers.”
“Teacher sentenced for texting student thousands of times.”
According to the Merriam-Webster Dictionary, the definition of high risk is: likely to result in failure, harm or injury or more likely than others.
When assessing the risk level of an activity, assess the severity of the harm, injury or abuse: whether it is trivial (little to no effect), minor (requiring first aid), moderate (sprains,...
For the past six summers, I have been the Sports Camp Coordinator for a week-long day camp. Each year, we have approximately 60 campers ages 7 to 12 years old participating in various sports, including soccer, ball hockey, basketball, volleyball, as well as many large group games – all on varying terrain. With the heightened...
I was recently interviewed by Faith Today magazine and they asked, “how many organizations and churches have a plan to protect?”
My hope is that every organization and church that serves the vulnerable sector, would have some sort of a plan to protect but not all plans are the same, nor do they all adhere to the same standard.
As we review and customize hundreds of policies and procedure manuals a year, we see such a wide variety of policies including:
Jun19TueJune 19, 2018
Feb28WedFebruary 28, 2018
Have you heard me say that, “we will buried alive in paperwork as administrators of abuse prevention and protection”? Today, I thought I’d answer some of your most pressing questions about documentation and electronic documentation.
Why should you keep documentation permanently?
There are many reasons we should be securely managing our documentation.
What documentation should we be keeping?
To demonstrate our due diligence and duty of care, we should be keeping: