New Hawai'i Case Highlights the Critical Need for Effective Sexual Harassment Training and Policies A now-defunct Honolulu-based restaurant, along with their outsourced HR company, have agreed to pay $115,000 and provide other relief to resolve a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), as announced on June 11, 2024. The EEOC's lawsuit revealed that the restaurant co-owner targeted gay employees with sexual harassment by exposing himself and soliciting sex. Despite complaints, the HR company failed to conduct an adequate investigation, allowing the harassment to persist. As part of the settlement, the companies will: - Distribute comprehensive policies addressing discrimination and harassment. - Establish mechanisms for prompt corrective action if discrimination occurs. - Implement an online complaint process. - Provide anti-discrimination training. Just a few weeks ago, I facilitated training for a company that had never conducted such training—until they faced a harassment complaint. Before the training, I reviewed their old policies and procedures, which urgently needed updates. Unfortunately, these updates won't shield the company from liability if the harassed employees decide to sue. Proactive measures could have prevented the harassment or at least minimized potential damages by demonstrating good faith efforts to prevent such incidents. Is your company prepared? Feel free to reach out to me if you want advice on updating your policies or conducting essential training to create a safer workplace. #SexualHarassment #Training #SexualHarassmentTraining #Lawsuit #Law #Hawaii #Honolulu #EEOC
R. Makana Risser Chai’s Post
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🌟RESPECT@WORK TRAINING COURSE LAUNCH!🌟 Attention: CEO's, HR & Compliance Professionals In the ever-evolving landscape of workplace legislation, staying informed and compliant is not just necessary—it's a strategic advantage. We're thrilled to introduce our cutting-edge Respect@Work Training Course, designed to equip employers across Australia with the knowledge and tools needed to foster a respectful, inclusive, and legally compliant workplace. 🔍 Why This Course? Our 2-3 hour workshop delves into crucial topics like workplace bullying, sexual harassment, and discrimination, providing actionable insights and strategies to navigate these challenges. With the recent amendments to the Sex Discrimination Act, the Respect@Work Bill, and WHS legislation, there's never been a more critical time to ensure your organisation is on the right side of the law. 💼 Your Legal Obligations The amendments introduce a "positive duty" for employers, compelling proactive measures to eliminate sex discrimination and harassment. Our course not only outlines these legal requirements but also offers practical guidance on fulfilling your obligations to avoid penalties by the regulator. 🎯 Tailored For Your Business Whether you prefer a face-to-face session or the convenience of online delivery, our workshop is customisable to suit your business needs. Our expert-led training is more than a compliance exercise; it's an opportunity to enhance your company culture and protect your team. 📣 Take Action Now Don't wait for legal compliance to become a pressing issue. Contact us today to arrange customised training that aligns with your business objectives and legal obligations. Your commitment to a safe, respectful workplace starts here. 🔗 https://lnkd.in/g8y72GZv Together, let's set a new standard for workplace respect and safety! #RespectAtWork #HRCompliance #WorkplaceSafety #LegalObligations #AustralianBusiness #HRTraining #LeadershipDevelopment #EmployeeEngagement #DiversityAndInclusion #LegalCompliance #WorkplaceWellbeing #PsychologicalSafety #PositiveDuty #WHS #AntiDiscrimination #RespectAtWork
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A very worrying case where employees behave inappropriately at work without their behaviour being addressed. We see far too many examples of similar conduct at work, and research would also indicate a huge under-reporting of incidents. Employers must ensure they - Have an up-to-date policy addressing harassment, sexual harassment and bullying at work. - Communicate the policy to all employees, contractors and any member of the public their employees may be in contact with at work - Provide training and instruction to all employees on the policy and - Address issues promptly and appropriately if and when they arise. The above are the key fundamentals employers must perform, but we at, Insight HR see so often that even these basic steps aren't applied resulting in cases like this one.
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🌟 Upcoming Changes to Sexual Harassment Laws! 🌟 The UK is preparing to implement significant changes to sexual harassment laws, reinforcing our collective commitment to creating safer, more respectful workplaces. As an HR consultant, I’m here to help your organisation navigate these upcoming changes and ensure you’re fully compliant and prepared. 📜⚖️ The new laws will place greater emphasis on employers' duty to prevent sexual harassment. This includes implementing effective policies, providing regular training, and fostering a culture where harassment is not tolerated. Penalties for non-compliance will be heightened, emphasizing the serious consequences for employers who fail to uphold these standards. To help your business stay ahead of these changes, I offer the following services: ✅ Policy Review and Update: Comprehensive review and update of your current policies to ensure they meet the new legal standards. ✅ Training Programs: Tailored training sessions for your employees and management teams on recognising, preventing, and addressing sexual harassment. ✅ Compliance Audits: Detailed audits to identify and address any gaps in your current practices and procedures. ✅ Support and Guidance: Ongoing support to help you navigate any challenges and foster a culture of respect and safety in your workplace. The changes come into force in October this year so let’s work together to ensure your organisation is not only compliant but also a leader in creating a respectful and safe workplace for everyone. Contact me today (rebecca@precisionhr.co.uk) to learn more about how we can prepare for these changes and create a better work environment for all. 💪✨ #SexualHarassmentLaws #UKLegislation #WorkplaceSafety #InclusiveWorkplace #EmployeeRights #HRConsulting #LegalUpdate #RespectAtWork #HRSupport #PrecisionHR
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Upcoming Changes to Sexual Harassment Laws! The UK is preparing to implement significant changes to sexual harassment laws, reinforcing our collective commitment to creating safer, more respectful workplaces. As an HR consultant, I’m here to help your organisation navigate these upcoming changes and ensure you’re fully compliant and prepared. 📜⚖️ The new laws will place greater emphasis on employers' duty to prevent sexual harassment. This includes implementing effective policies, providing regular training, and fostering a culture where harassment is not tolerated. Penalties for non-compliance will be heightened, emphasizing the serious consequences for employers who fail to uphold these standards. To help your business stay ahead of these changes, I offer the following services: ✅ Policy Review and Update: Comprehensive review and update of your current policies to ensure they meet the new legal standards. ✅ Training Programs: Tailored training sessions for your employees and management teams on recognising, preventing, and addressing sexual harassment. ✅ Compliance Audits: Detailed audits to identify and address any gaps in your current practices and procedures. ✅ Support and Guidance: Ongoing support to help you navigate any challenges and foster a culture of respect and safety in your workplace. The changes come into force in October this year so let’s work together to ensure your organisation is not only compliant but also a leader in creating a respectful and safe workplace for everyone. Contact me today (rebecca@precisionhr.co.uk) to learn more about how we can prepare for these changes and create a better work environment for all. 💪✨ #PrecisionHR #UpcomingChangesToTheLaw #SexualHarassment #Law #SexualHarassmentLaws #UKLegislation #WorkplaceSafety #InclusiveWorkplace #EmployeeRights #HRConsulting #LegalUpdate #RespectAtWork #HRSupport #HR #UK
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🚨 Breaking News: Bojangles' Restaurants, Inc. has agreed to settle a sexual harassment and retaliation lawsuit brought by the EEOC for $20,000 and additional relief. The lawsuit alleged that a female team member was subjected to sexual harassment and retaliation by the restaurant's general manager. #SexualHarassment #WorkplaceRights #EEOC 💬 The Allegations: According to the EEOC's lawsuit, the employee was sexually harassed from March 2020 to June 2020, enduring inappropriate remarks and unwelcome touching by the general manager. After bravely reporting the misconduct, she faced retaliation, being denied access to a management training program and transferred to another location. 😞🗣️ #WorkplaceMisconduct #Retaliation #SpeakUp 📜 Violation of Title VII: Such conduct violates Title VII of the Civil Rights Act of 1964, which protects employees from sexual harassment in the workplace and prohibits retaliation against those who report such misconduct. The EEOC filed the suit in the U.S. District Court for the Middle District of North Carolina. 📝✊ #TitleVII #CivilRightsAct #EmployeeProtection 💼 Consent Decree Terms: In addition to the $20,000 payment to the affected employee, the two-year consent decree mandates specific training on sexual harassment for managers and employees. Bojangles' is also required to refrain from any sex-based discrimination, including in the administration of management training programs, and from retaliating against employees who report harassment. The agreement prohibits rehiring the offending manager. 📜💪 #ConsentDecree #EmployeeTraining #WorkplaceEquality
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Milligan v. Maczak Holdings Ltd. – Sexual harassment, and the perils of a policy-less workplace "On September 29, 2023, the Human Rights Commission of Prince Edward Island (“PE HRC”) rendered its decision in the matter of Milligan v, Maczak Holdings Ltd.1, a case involving sexual harassment of a restaurant worker at Smitty’s Family Restaurant (“Smitty’s”) in Charlottetown, PEI. Importantly, Smitty’s lacked any harassment policy or training at the time, which strongly informed the Panel’s analysis and remedies, including a $15,000 order for general damages." "Notably, when the Panel addressed remedy, it focused specifically on the Respondent’s lack of harassment policy or training, holding, In a workplace situation, employers can, both by accident and design, create an environment where sexual harassment can occur. Sometimes actions are not seen as those attributing to an unsafe environment for employees but the workplace becomes a “poisoned” environment which allows sexual harassment to happen without consequence… In this case, there were no procedures in place to deal with harassment. Smitty’s did not respond to the concerns raised by their employees in a timely or appropriate manner, the complaints were not taken seriously, and it was not a healthy place for the Complainant… Combined with no policy or training about sexual harassment and no active responses to complaints by the owners, the working environment at Smitty’s was unsafe for staff and ripe for exploitation." https://ow.ly/hq3A50Q7Sql #groupbenefits #employeebenefits #consulting #leadership #communication #culture #compensation #wellness #employeeengagement #cgib #productivity #roi
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Following on from Tina Chander’s series on bullying and harassment, I wanted to highlight a positive steps which is coming down the track to address harassment of employees. The boss of Tesco last week confirmed that he’ll be offering all customer facing staff the opportunity to have a personal cctv camera to combat a rise in assaults in their stores. We all know that Customer facing roles such as shop staff can be challenging whilst companies strive for high customer satisfaction, some workers don’t feel that enough is done to protect them. The Worker Protection (Amendment of Equality Act 2010) Bill could be about to add protection for workers. Sexual harassment is unfortunately something which workers face within the workplace. During the debating process for the bill, it was agreed that it was a widespread but underreported issue. The Equality Act 2010 provides harassment protection to workers within the workplace however it is thought to be easier for employers to be held vicariously liable for harassment by their own staff towards colleagues than it is for employers to be responsible for actions perpetuated by third parties. If enacted, employers will have a new duty to take reasonable steps to prevent all staff from being sexually harassed by third parties. This poses some practical issues. It is far easier to think of ways that employers can take steps to prevent harassment between workers than members of the public. Equality and diversity policies and training are commonplace in lots of businesses. It is far more tricky to police the actions of a business’ customers. Once enacted, it is likely that we will need to wait for those early decisions from the Tribunal to establish just how high the bar will be set for employers in third party sexual harassment claims. The Bill is currently nearing the end of the House of Lords stage and so it is likely to enter the statute books soon. Employers should therefore be getting ready to review their staff handbooks to ensure they are up to date and also consider what precautions they will offer their employer. Could body-cams become a common sight on the high street? Wright Hassall LLP
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How to implement the PoSH Act 2013 Training and Awareness: Conduct comprehensive workshops for all staff, including managers and HR personnel, explaining the PoSH Act 2013’s provisions, definitions, and implications. Ensure everyone understands sexual harassment, their rights, responsibilities, and the complaint process. • Develop a PoSH Policy: o Policy Creation: Draft a clear anti-sexual harassment policy aligned with PoSH Act guidelines. Define sexual harassment, outline reporting steps, specify ICC roles, ensure confidentiality, and detail disciplinary actions. o Review and Approval: Have legal experts review the policy for compliance. Obtain senior management or board approval before implementation. • Establish Internal Structures: o Form Internal Complaints Committee (ICC): Set up an ICC with diverse representation. Train ICC members on their roles, complaint handling, confidentiality, and recommendations. o Appoint Nodal Officer: Designate a Nodal Officer to manage complaints, coordinate with the ICC, ensure timelines, and maintain records securely. • Communicate and Train: o Employee Awareness: Conduct regular awareness programs about the PoSH policy, sexual harassment prevention, reporting options, and support mechanisms. o Training Workshops: Provide targeted training for employees, managers, and supervisors on identifying, preventing, and addressing sexual harassment using practical scenarios and discussions. • Ensure Compliance and Enforcement: o Policy Adherence: Enforce the PoSH policy consistently. Conduct prompt, fair investigations respecting all parties’ rights. o Disciplinary Measures: Take appropriate disciplinary actions against proven offenders according to policy and legal requirements. • Monitor, Review, and Improve: o Regular Audits: Conduct periodic audits to assess policy effectiveness, ICC operations, training impact, and legal compliance. o Feedback Loop: Encourage feedback from employees to refine policies, procedures, and training for ongoing improvements. This structured approach helps HR professionals navigate PoSH Act implementation, fostering a safe and respectful workplace environment in line with legal requirements. #HRCompliance #DiversityAndInclusion #PoSHActCompliance #WorkplaceEquality #AntiHarassmentPolicy #GenderEqualityAtWork #PoSHTraining #ICCImplementation #SafeWorkplaces #RespectAtWork
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MD + Founder of Award-Winning Han Law Co; Entrepreneurial Businesswomen of the Year 2024; Legal 500 Recommended Employment Law Solicitor; Key Note Speaker; Industry Disruptor; Writer
Sadly, at HanLawCo, we still deal with Employment Tribunal claims regarding sexual harassment in the workplace on a regular basis. In our experience (almost 200 years within our team!), this shows up as often being less overt, and we still hear the ‘banter’ excuse far too much. The new Worker Protection (Amendment of Equality Act 2010) bill has received royal assent. What does this mean for employers? Soon, there will be a duty on all employers to take all reasonable steps to prevent sexual harassment against their employees at work. I’ve said it before and I’ll say it again… policies are important, so any equality policy and/or harassment policy your organisation has, will need looking at in light of the bill. However, policies are largely pointless (employees don’t read them), unless they are brought to life with training. If your business is faced with defending a claim of sexual harassment brought against one of your employees, a Judge at a hearing will expect the bundle of evidence to show training records to prove that you trained them on how to behave properly at work, what discrimination and equality at work means and what amounts to sexual harassment. If it’s one of your managers who is the alleged perpetrator, the bar will be even higher in terms of what is expected of them. This is the worst case scenario. Even better is that, the right type of interactive training may go a long way to help preventing poor behaviour, resulting in happier employees and less legal risk for the business. Get in touch if you’d like to explore the types of training we offer. We promise it will be interesting and useful and have a positive impact on your people. #training #employeetraining #employmentlawyers #sexualharassment
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IMPORTANT UPDATE: New Workplace Sexual Harassment Rules Coming into Force As an employer, are you taking reasonable steps to prevent sexual harassment of your staff? Because the Government has just passed legislation introducing a new duty of care for employers from 26 October 2024, meaning that: * If an employer fails to take reasonable steps to protect employees from sexual harassment such that it then results in a successful claim, the compensation awarded will be increased by up to 25%. * Also to note: · Employers are expected to be ready for these new changes come October 2024. · The new duty of care will be enforceable by the Equality and Human Rights Commission (EHRC). · A new statutory code of practice specifying what steps employers should take to prevent workplace sexual harassment is being developed by the EHRC to help preparations. · This code of practice will also then be used as a benchmark in employment tribunals to determine employer compliance. ------------------------ If you'd like to discuss the upcoming changes or could do with a hand planning and preparing what you need to do, we can help you: · Spot potential risk areas and suggest ways to mitigate them (including third party harassment). · Develop, review and/or update your policies so that your company stance on sexual harassment is both comprehensive and clear, and your employees know how to raise concerns and feel comfortable doing so. · Run training to bring everyone up to speed on the latest legislation and help managers feel competent in their ability to handle any complaints. We’re just a message away so get in touch today. #employmentlaw #sexualharassment #employmenttribunals #handyHR
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1moR. Makana Risser Chai, the work you’re doing to address and prevent sexual harassment is vital. The situation with Square Barrels and ALTRES underscores the need for proactive training and robust policies. Your commitment to facilitating these essential changes and ensuring companies take these issues seriously is inspiring. Thank you for your relentless efforts in making the workplace a safer and more equitable environment.