October 2001

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work PREVENTING VIOLENCE Violence should not occur in any workplace. In fact, employers are legally required to take appropriate steps to prevent it. The extent of their duty depends on the level of risk of violence. For example, employers of cab drivers or 24‑hour liquor store cashiers may have to implement more stringent policies and security measures than employers of clerical workers. Also, risk of violence from employees and third parties is not the only threat; employers must take reasonable action in regard to employees harming each other. Verbal abuse, arguments, or harassment often precede physical contact. Complaints by employees must be taken seriously. Legal requirements of employers may include a written program to prevent violence; methods for communicating and investigating security hazards; training; assigning responsibilities and procedures for evaluations; and employing security officers. Workplace violence unfortunately happens unless employers assume their reasonable responsibility to prevent it.		Employee Rights Update WHEN A SUPERVISOR SEXUALLY HARASSES A recent case shows what employees must do when sexually harassed by a boss, and what companies are expected to do in response. Don’t do what Ms. Kohler did. She put up with it for a while and then quit, and filed a discrimination charge with the state agency. She lost because 1) the company had an effective program in place, 2) which she did not use to report the harassment, 3) the company performed an independent third-party investigation and took corrective action including offering reinstatement with back pay, and 4) she had never suffered a “tangible employment action” – i.e., she was not demoted, fired or her pay reduced. Learn from Ms. Kohler’s mistakes. Report any harassment immediately; demand the company take action. Be familiar with the company’s policies and how to report harassment. Don’t quit without a fight. - Mark J. Keough, Attorney
		Update on our attorneys – Pat Turner was a panelist on recent developments in employment law at a seminar sponsored by the Orange County Bar Association and attended by approximately 100 attorneys.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Monday Business Section or the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2001 by Don D. Sessions.