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Sexual Harassment & Repeat Offense Alabama

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  • Sexual Harassment & Repeat Offense Alabama

    I work for a large company that has very defined rules in it's handbook regarding Harassment and Hostile Workplace problems.

    Recently a few people have gone to HR asking for help with a person is speaking to them in a lewd manner. Under normal harassment laws, this is clearly against the law. In most occurances there was no "prior relationship" of conversations or interacctions that could be considered acceptance of the behavior.

    To my knowledge and per our policy HR acts on an incident by speaking to the accused and rectifying the problem which is what has happened MANY times. Each time, the accused simply changes their focus to a new target audiance until someone else also complains.

    My question to you all is this; If multiple people all file individual complaints that are confirmed hasn't the company now exposed itself to a hostile workplace lawsuit based on the collection of incidents? The law states if no action is taken and the accused repeats their actions or retaliates, the company is liable. I'm concerned we're exposed to a lawsuit when and if the accusers work together to file a lawsuit against the company.


  • #2
    But it sounds like once someone tells him to stop, he goes on to someone else, correct? If that is true, the original complaintant, who no longer suffers from his lewdness, is not subject to a hostile work environement.

    HOWEVER, if you have someone that has been told to quit it and he does not, yes, you may be open for a lawsuit, so I would tell the PTB to get out their checkbooks.
    98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.


    • #3
      There is some degree of liability in the company knowing this person behaves this way and he continues to harass others. How strong that liability is depends on a whole host of factors including the severity and frequency of the harassment and how often he has been talked to and such.

      There is a difference between just transferring someone who is overtly harassing employees on a regular basis with the knowledge he will continue to behave the same way and someone who just doesn't always think before he speaks but once informed that his words were found offensive by someone, is more careful around them and doesn't repeat the behavior in ther presence.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        I agree with the above.

        Don't forget that the reason the Catholic Church was found guilty of such large liability is not because they had priests that molested children but because they moved priests that molested children to another church so that they could do it again.

        Honestly, though... if this person is giving the organization this much hassle and their name is not on the sign above the front door, why is this a problem? Cut them loose and move on.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.