Liability for Non-Employee Sexual Harassment?
It should be obvious to all employers that sexual harassment in the workplace is prohibited. Most employers also understand their obligation to discipline employees who engage in harassing behavior in the workplace. But what about the non-employee harasser? Many companies are not self-sustaining—they rely on customers, vendors, outside sales persons and other non-employees to drive their business. You, as the employer, cannot control their actions. Even so, do you have the responsibility to protect your employees?
Possibly. The federal regulations suggest that in some limited circumstances employers may be liable for sexual harassment by a customer. If the employer knows or should have known of the conduct and fails to take immediate and appropriate corrective action an employer may be liable for the non-employee’s actions. Once an employer knows or should have known of the harassment, it has an obligation to take all reasonable steps to protect its employee.
As always, have a policy in place which prohibits discrimination by non-employees. Make supervisors aware that the company has a responsibility to protect its employees from harassment by non-employees. Take prompt action to investigate an employee’s complaints. Discuss with the employee the findings of the investigation and steps to prevent the harassment from continuing.
Photo on flickr by DOS82
Time To File Civil Rights Complaint Lengthened
Employers are required to hang the federal EEOC poster.
Retaliation
I recently attended an employment law seminar in St. Paul, Minnesota. One key topic that kept resurfacing in the sessions I attended was RETALIATION. Title VII retaliation claims have increased 19% from 2006.
An employer retaliates when it makes an adverse employment decision which tends to discourage an employee from engaging in protected conduct. What is an adverse employment decision? Although not clearly defined, the Supreme Court has made it clear that it is not necessarily have to be a tangible employment decision, such as termination. What is protected conduct? Whistleblowing, filing a complaint, taking FMLA leave or making a worker’s compensation claim are all examples of protected conduct.
What should employers do to minimize retaliation claims?
- Have a clear policy prohibiting retaliation;
- Educate managers and supervisors about retaliation;
- Enforce policies consistently for all;
- Refrain from making hasty decisions when employees have engaged in protected activity in the recent past even if you believe the decision is warranted;
- Investigate all retaliation claims and discipline those who have engaged in retaliation. Inform the employee alleging retaliation of your findings and whether any disciplinary action will take place;
Some Mechanics of Iowa Mechanic's Lien Law
Mechanic's Liens are a valuable tool used by contractors to help insure that they are fully compensated for the materials they supply and the improvements that they make to buildings or land. However, if you are a contractor providing materials or making improvements to an "owner-occupied" dwelling, essentially a residential remodeling contractor, then the mechanic's lien that you file may not be worth much more than the paper that it is printed if you neglect one crucial step.
Under Iowa's Mechanic's Lien law, Chapter 572, a contractor who enters into a contract with a home owner to provide labor or furnish materials for a owner-occupied dwelling and who has or will hire sub-contractors for the job must provide in the written contract with the home owner the following notice:
"Persons or companies furnishing labor of materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner."
In the alternative a contractor who does not enter into a written contract with the home owner must, within ten (10) days of beginning work on the property, provide the owner with written notice stating the name and address of all subcontractors that the contractor intends to use for the construction and, that the subcontractors or suppliers may have lien rights if they are not compensated for the labor or material that they provided in completion of the project.
If written notice required under Chapter 572 is not provided to the owner in a timely manner then the contractor is only entitled to a lien for the work or materials that it actually performed or the materials that it actually provided and would not be entitled to a lien as it pertained to any labor performed or materials furnished by a subcontractor.
Iowa's Smokefree Air Regulation Update
The Iowa Department of Public Health (IDPH) is in the process of writing Administrative Rules to provide guidance on the enforcement provisions of the recently passed Smoke-free Air Act. The proposed Administrative rules are posted on the Department's website.
The proposed rules will be presented for review to both the Administrative Rules Review Committee and the Iowa Board of Health on June 11, 2008. IDPH will be scheduling five regional public hearings and numerous conferences through the Iowa Communications Network to gather input from the public. The schedule of these public hearings will be posted on this Web site when it becomes available.
IDPH has also posted proposed signage for workplaces and vehicles. The signs need to clearly display three items: (1) the international "no smoking" symbol OR the words "No Smoking," (2) the Smokefree Air Act Web site, and the (3) Smokefree Air Act Helpline 1-888-944-2247 (active June 15). The current draft Administrative Rules require signs to be at least 24 square inches in size and the type must be in a legible font. There are two versions of the signs available. (black and white)
Finally, to better understand the Smokefree Air Act, the following "Frequently Asked Questions" (FAQ) fact sheet is available to download. Please note, the FAQ is not intended to be a substitute for the law or rule. Please consult an attorney if further guidance is required.
Samantha Kain Joins Sullivan & Ward, P.C.
Samantha's direct dial is (515) 247-4711. Welcome Samantha!