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December 18, 2007

WHY SHOULD EVERY EMPLOYER HAVE AN ANTI-HARASSMENT POLICY?

Every football fan has heard it a thousand times: “The best defense is a good offense.”  But did you know the cliché applies equally well to the employment arena?  In 1998, the U.S. Supreme Court decided two landmark cases that provide an affirmative defense to employers for sexual harassment.  If the employer can show that it had an effective anti-harassment policy in place at the time of the alleged harassment, then the employer can take advantage of this defense so long as the reporting employee was not fired or subjected to an otherwise "tangible employment action."

Keep in mind that an anti-harassment policy should be in writing, and your employees must be aware of the policy and how complaints should be reported.  By being proactive and implementing an effective anti-harassment game plan, you will discourage inappropriate conduct and lessen your potential liability in an easy and cost-effective manner.

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