 |
Cornell Quarterly Article Focuses on Preventing Workplace Sexual Harassment |
|
Employers seeking to prevent sexual harassment in the workplace may unexpectedly find themselves on the losing end of a lawsuit, even when they have tried to do the right thing. |
As detailed in the February 2008 issue of the Cornell Hospitality Quarterly, industry executives and Cornell faculty members agreed at the 2007 Labor and Employment Law Roundtable, presented by Cornell's Center for Hospitality Research, that employers need strong anti-harassment policies. But policies alone may not always help out when harassment occurs.
The article, 'Roundtable Retrospective 2007: Dealing with Sexual Harassment,' is available at no charge at http://www.hotelschool.cornell.edu/research/chr/pubs/quarterly/featured/execsummar.html?name=harassment.pdf. As explained by author David Sherwyn, an associate professor at the Cornell University School of Hotel Administration, when harassment occurs victims might quietly quit their jobs or they might report the harassment.
'Either way, if the victim sues, the outcome of the case can often be predicted, depending whether the case goes only to a judge for summary judgment or whether the suit is heard by a jury,' Sherwyn explained. 'For an employer to win the case, it must show that: (1) it has taken appropriate steps to prevent and correct the harassment, and (2) the employee must have unreasonably failed to take advantage of what the employer provided. This two prong test leads to a number of contradictory results."
Sherwyn found that the outcome of cases that are heard only before a judge in a summary judgment motion often hinge on whether the victim reported the harassment before the lawsuit. If the victim did not report the harassment, but then sued, a judge will most likely find for the company if the employer had a strong anti-harassment policy. If the employee reports the harassment some judges will not grant the motion while others will judge the response. Thus, the message, from a strictly legal standpoint seems clear: for the purposes of summary judgment, have a policy, but don't make it too easy for employees to report.
'If the case goes to a jury, everything changes,' Sherwyn said. 'The attorneys at the roundtable explained that most juries are not impressed by policies alone, no matter how effective. Instead, an employer has a better chance of persuading a jury when it has gone all out-offering training in avoiding sexual harassment and providing toll-free reporting lines.'
'There's the irony for employers,' Sherwyn said. 'Adding training and toll-free lines may encourage victims to make the report that could well mean that the employer will lose in front of a judge. Such polices, however, may prevent the employee from filing a lawsuit, or, even better, prevent the conduct from happening at all. Thus, employers should understand that the law has contradictory incentives.'
Published by Cornell's Center for Hospitality Research, Cornell Hospitality Quarterly (formerly Cornell Hotel and Restaurant Administration Quarterly) is available by subscription from Sage Publishing at http://cqx.sagepub.com/.
About the Center for Hospitality Research
A unit of the Cornell School of Hotel Administration, The Center for Hospitality Research (CHR) sponsors research designed to improve practices in the hospitality industry. Under the lead of the center's 69 corporate affiliates, experienced scholars work closely with business executives to discover new insights into strategic, managerial and operating practices. The center also publishes the award-winning hospitality journal, the Cornell Hospitality Quarterly (formerly the Cornell Hotel and Restaurant Administration Quarterly). To learn more about center and its projects, visit www.chr.cornell.edu.
Center partners and sponsors: AIG Global Real Estate Investment, American Airlines Admirals Club, Davis & Gilbert LLP, Deloitte & Touche USA LLP, Denihan Hospitality Group, Expedia, Inc., Four Seasons Hotels and Resorts, Fox Rothschild LLP, HVS, InterContinental Hotels Group, JohnsonDiversey, Inc., Jumeirah Group, LRP Publications, Marriott International, Inc., Marsh's Hospitality Practice, Mobil Travel Guide, Nestlé, PricewaterhouseCoopers, Proskauer Rose LLP, Smith Travel Research, Southern Wine and Spirits of America, Inc., SynXis (a Sabre Holdings Corporation), Taj Hotels Resorts and Palaces, Thayer Lodging Group, TIG Global, Travelport, WATG, and WhiteSand Consulting.
Center friends: 4Hoteliers.com American Tescor, LLC Argyle Executive Forum Caribbean Hotel and Restaurant Buyers Guide Cody Kramer Imports Cruise Industry News DK Shifflet & Associates ehotelier.com EyeforTravel Fireman's Fund Insurance Company Gerencia de Hoteles & Restaurantes Global Hospitality Resources Hospitality Financial and Technology Professionals (HFTP) hospitalityInside.com hospitalitynet.org Hotel Asia Pacific Hotel China HotelExecutive.com Hotel Interactive Hotel Resource International CHRIE International Hotel and Restaurant Association International Hotel Conference International Society of Hospitality Consultants (ISHC) iPerceptions KPMG Japan/Global Management Directions Lodging Hospitality Lodging Magazine Milestone Internet Marketing MindFolio PKF Hospitality Research The Resort Trades RealShare Hotel Investment & Finance Summit Resort+Recreation Magazine RestaurantEdge.com Shibata Publishing Co. Synovate The Lodging Conference TravelCLICK UniFocus WageWatch, Inc. WIWIH.COM
|
|
|
 |
|
 |
|
Post Release
Get Content
Email News Brief
Saved Articles
Advertising
Handheld
XML/RSS
PDF this article
Post News