May 2004

WIN AT WORK MONTHLY

A Community Service of
SESSIONS & KIMBALL LLP, Employee Rights Attorneys

Win at Work

Employee Rights Update

STOPPING SEXUAL HARASSMENT

TAX BREAKS ON EMPLOYMENT DISPUTE RECOVERIES

What can employers do to stop sexual harassment in the workplace? Here’s my top ten list:

  • Display the poster required by law advising employees about discrimination and their options.
  • Distribute an information sheet on sexual harassment to each employee.
  • Include an effective policy regarding harassment, discrimination, and discipline in an employee handbook.
  • Regularly train employees on the subtleties of discrimination and ways to prevent it.
  • Prohibit discriminatory comments or jokes, especially of a sexual or ethnic nature.
  • Institute a nonfraternization policy between management and those they supervise.
  • Fairly enforce policies required by law and those you have instituted.
  • Don’t retaliate against victims of harassment in any manner.
  • Institute a standard complaint and investigation procedure.
  • And lastly, establish and follow a fair and decent dress standard with both sexes to prevent intentional or misperceived messages from being given.

Sexual harassment stops only when employers take steps to prevent it.

Suppose you won a lawsuit but end up paying more in taxes than attorneys’ fees in the recovery itself!

That is sometimes the effect of some very strange tax laws that not only tax the attorney on the money he receives but tax the fired employee on everything.

President Clinton changed the law during his administration to make most employee rights recoveries taxable.

Now there is a new bill in Congress that has just passed the Senate. Experts say that there is a decent chance it will pass the House of Representatives as well this year.

If it passes, it will make employee rights recoveries much more valuable. It would help make attorneys’ fees deductible from the total recovery. It will help both employers and employees in making recoveries more valuable.

This is one of those few situations in which a change in law helps both employers and employees.

If it passes it would be retroactive to an earlier date, such as January 2004 or even earlier.

Don D. Sessions, Attorney

Update on our attorneys: Michael Ahmad will be joining our firm as an attorney. He speaks Spanish as well, and has had much experience in employee rights.

Look for our answers to employees’ questions in the "Life and Work Q & A" column of the Orange County Register’s "Business Monday" magazine. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ "Career Builder Magazine" 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. © 2005 by Sessions & Kimball LLP.

Copyright © 2007 Sessions & Kimball LLP

23456 Madero, Suite 170
Mission Viejo, California 92691-7913
Phone: (949) 380-0900 - (800) 774-7494
Fax: (949) 380-8283
- click here for directions & a map to our office -

The information provided on this website is not to be construed as legal advice, but is general information about employee rights. Visiting this website does not make us your attorney. The only way we can become your attorney is if you and our firm sign a retainer agreement. The information in this website is based upon California law, and the law of other states may be different.