Robert Skousen, attorney, Los Angeles, Calif.
Managers can be held liable in harassment cases, whether or not they are the actual perpetrators, according to Robert Skousen, an attorney based in Los Angeles.
For that reason, companies need to have an explicit political correctness policy, which spells out specific guidelines for dealing with sexual and other kinds of harassment, he said.
“There should not be a fine line [between politically incorrect behavior and harassment]. There should be a bright line,” Skousen said. “It’s not wrong to give someone a compliment, but you need to be very careful about what you say. Things that are the most innocent can really be turned around, That’s why there should be a specific policy. You really need to just talk about work at work.”
Many harassment claims are made after an employee has left a company, Skousen said. Workers who were laid off or fired may be more likely to “want to get back at the company” by filing harassment suits after the fact. To minimize legal threats to a company and to individual managers, conduct an audit of your company’s policies and procedures. Examine hiring procedures, the firing process and discipline practices to make sure they all comply with the rules of harassment and discrimination. The key, he said, is to eliminate any and all potentially offensive procedures so there are no legitimate grounds for lawsuits later.
“Management really needs to be proactive,” Skousen said. “They really need to take action quickly.” •
Robert J. Skousen, Esq. is the chief executive officer of Skousen & Skousen in Los Angeles. For more than 35 years Skousen & Skousen has embodied the highest standards of legal excellence and integrity. The practice emphasizes labor and employment law, real estate, intellectual property, corporate transactions, securities, litigation, venture and technology, taxation, and estate planning.
