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Amgen to gift $3 million to Boys & Girls Clubs
 
  Photo by Joe Testa
  Cal Johnston, Chairman of the Boys and Girls Clubs of Conejo & Las Virgenes, speaks at the announcement and presentation of Amgen’s $3 million gift.
 
by Joe Testa
In the aftermath of recent terrorist threats, many have openly expressed anger and hostility toward members of particular religious and ethnic groups.

Given the present climate of heightened sensitively and scrutiny regarding certain racial and religious groups, employers must focus on recognizing harassment issues in their workplace. They also must educate their employees and managers about workplace policies forbidding such harassment and their respective duties regarding such acts.

Employer liability for sexually harassing conduct of its supervisors is well established. An employer may be strictly liable for the sexually harassing conduct of a supervisor that creates a hostile work environment. Where the supervisors conduct results in a "significant change in employment status", such as hiring, firing, or failure to promote, the employer will be vicariously liable for the conduct of its supervisors. The employer's best defense to avoid liability is a clearly annunciated policy against harassment, defined procedures for reporting harassment and to take prompt action to correct harassing behavior when it occurs or is reported. Recent court decisions have applied the vicarious liability standard to claims of religious hostile work environment and racial harassment.
  Given this broad potential for liability, employers must be alert to and be ready to address all potential forms of workforce harassment. The following are some practical guidelines for preventing and possibly addressing these issues:

Meet with your management team and discuss these issues. Ask them to be on heightened alert for ethnic, religious and racial slurs, jokes and derogatory stories. Let them know you expect them to be the first line of defense.

Re-circulate your workplace harassment policy to all employees with a special message asking all employees to demonstrate tolerance towards co-workers.

In the same message, encourage all employees who believe they have been victims of harassing or discriminatory treatment to come forward and report such treatment. Reassure employees their concerns will be promptly addressed.

Do not let any inappropriate conduct go undressed. This is not a time to let bad conduct "slide" on the belief that people should be allowed to vent their feelings of frustration and anger.

Consider providing sensitivity training for all employees or just for managers, especially if the workforce is diverse. Act consistently: treat harassing conduct toward your Middle Eastern employees as a serious violation.

Newton Brightwell is an attorney with Chulak & Shiffman LLP, Attorneys at Law. Questions can be sent by E-Mail to NewtonB@MTCLaw.com or faxed to (818) 991-5077. Answers are general in nature. An attorney should always be consulted when legal advice is needed.

 



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