What The New Wave Of Sexual Harassment Laws Mean To HR

Potential cost of sexual harassment complaints against businesses can be steep

High-profile sexual harassment cases have dominated the news cycle for more than a year. The media has shed light on its prevalence in Hollywood and on Capitol Hill, but sexual harassment still happens throughout America in everyday workplaces and often goes unreported. Fortunately, this hasn’t gone unnoticed by key legislators.
 

In an attempt to create a workplace for everyone that’s free from sexual harassment, more than 30 jurisdictions – including New York, and even New York City –introduced more than 100 pieces of legislation in 2018 toward sexual harassment prevention.

While it’s a great step in the right direction, for these laws to have the desired impact, employers must be aware of the requirements and apply all necessary policies and trainings in a timely manner.

The first step is educating employers on sexual harassment in the workplace, their responsibilities and best practices for implementing applicable legislation, and potential costs associated with non-compliance.

Sexual harassment is a form of discrimination that can be:
 

The potential costs of a sexual harassment complaint against a business can be steep, so it’s imperative tounderstand and comply with sexual harassment prevention requirements. The typical harassment claim can take more than 300 days to be settled, according to the 2017 Hiscox Guide to Employee Lawsuits.
 
The same report estimates theaverage legal costs to defend and settle a claim to be upwards of $160,000. Aside from time and money, the damage a sexual harassment claim can have on your company’s reputation and the morale and productivity in the workplace can be irreparable.
 
Harassment prevention training is one way to reduce these risks in your workplace and several states now require suchtraining for some or all employees. Although requirements may vary by jurisdiction, in general the training should: 
 

In addition to model materials and other guidance that may be provided by enforcing agencies to help employers meet the state or city’s unique requirements, businesses can also turn to an HR services provider to help them comply with new or existing provisions. A reputable HR services provider will have a team of compliance experts on-staff to help businesses ensure their policies and practices align with requirements.
 
This content is for educational purposes only, is not intended to provide specific legal advice, and should not be used as a substitute for the legal advice of a qualified attorney in your state. The information in this article may not reflect the most current legal developments, may be changed without notice and is not guaranteed to be complete, correct or up-to-date.