[Special article by Louis P. DiLorenzo, Esq.]
In an earlier post, we discussed how employers can be held liable for wrongful acts committed by their employees. This article focuses on how employers can reduce their liability.
Employers can reduce the risk of liability for an employee's actions by properly training employees in all aspects of their jobs. Employees with supervisory or managerial responsibilities create an omnipresent vicarious liability threat for countless decisions - from interviewing and hiring, to requests for leave and accommodations, to terminations and workplace harassment.
For example, developing, implementing and enforcing a comprehensive anti-harassment policy is vital to creating a safe and comfortable working environment and minimize the potential damage from harassment lawsuits.
But having an anti-harassment policy is not enough. The policy must be implemented, made known to all applicable parties, and consistantly enforced. Training employees and managers on harassment law and the employer's harassment policy is an important part of an employer's defense against a harassment claim. Unless an employer trains those in charge of investigating harassment complaints, the employer may not be able to show it took the appropriate level of care to prevent harassment.
This type of training also plays a role in establishing that the employer acted to correct or stop the harassment.
Train all employees on the complaint-reporting procedure. This training should include a discussion on the concept of harassment - that is involves more than just sexual remarks. And it should familiarize employees with (1) the appropriate people to whom reports should be made, (2) the complaint and investigation process and (3) what the possible outcomes might be.
Training of both managers and employees on workplace policies and procedures on a continual basis is one of the best practices to reducing employer liability.
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