Dive Brief:
- A Missouri Doubletree Hotel operator agreed to pay $45,000 to settle a U.S. Equal Employment Opportunity (EEOC) lawsuit alleging it violated Title VII of the Civil Rights Act of 1964 by failing to stop a room inspector from sexually harassing a housekeeper, the agency announced Aug. 5.
- Vinca Enterprises, the hotel operator, did not investigate or take appropriate action to stop the unlawful harassment and protect the employee, EEOC alleged.
- In addition to paying the housekeeper compensatory damages, the two-year consent decree settling the suit requires Vinca to hire a consultant "to assess workplace risk factors associated with sexual harassment" and report the consultant's findings to the EEOC. The hotel will also implement stronger policies and procedures prohibiting sexual harassment and discrimination.
Dive Insight:
An employer may avoid liability for a supervisor's harassment if it can prove "it reasonably tried to prevent and promptly correct the harassing behavior" and "the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided," EEOC has said.
Employers that act appropriately when harassment complaints are made may create a strong defense if a legal claim is made. A trucking company was not liable for the hostile work environment alleged by three female drivers because it demonstrated a prompt response to the plaintiffs' complaints, an Iowa district court ruled last summer.
In another instance of appropriate employer action, the 10th U.S. Circuit Court of Appeals affirmed a federal district court ruling earlier this year that a Kansas City, Kansas, school district's response to a sexual harassment complaint was reasonable. The school district investigated the incident, obtained written statements from four employees and determined that the plaintiff and the co-worker engaged in conduct that violated school policies and recommended they both be fired. The school district also sent the plaintiff a letter explaining the policies that were violated and advised her of her right to appeal the decision at a hearing.
HR should take seriously harassment complaints and follow up on accusations, experts say. HR can conduct a good-faith investigation, interview witnesses, document discussions and, if evidence of harassment is discovered, institute measures aimed at making sure that the misconduct does not continue, Pavneet Singh Uppal and Shayna Balch, both partners at Fisher Phillips LLP, told attendees at a 2018 conference.
In addition, complaint procedures should allow employees to report concerns to more than one person, EEOC has said.
Attorneys say compliance training is also important in preventing discrimination and harassment claims. Employers should conduct harassment training at least once a year, with separate sessions for managers and employees, Robin Shea of Constangy Brooks, Smith & Prophete previously told HR Dive.