Counsel to Counsel - May 2008 - (Page 3)

H A rASSMENT P OLICIES of the Workplace Playground bullies don’t always outgrow their meanness when they graduate from elementary school. Many employees can share horror stories about co-workers and bosses who bullied and harassed colleagues on a regular basis. Such behavior is not only bad for employee morale; increasingly, states are considering legislation that would make it illegal. While no laws have been passed yet, employers need to be aware of pending legislation and what steps they can take now to ensure bullying will not be tolerated in the workplace. Illustrations by Holly Haugen Katherine Brewer Partner Saul Ewing LLP kbrewer@saul.com Richard E. Trewhella Jr. Partner Carr Allison rtrewhella@carrallison.com Denise L. Wheeler Shareholder Fowler White Boggs Banker dwheeler@fowlerwhite.com Peer Review Rated Many employers do not have workplace bullying policies to communicate. Although several states have considered such legislation, no law prohibiting workplace bullying, per se, has yet been enacted in the United States. Moreover, claims for emotional or physical injuries inflicted in the workplace are now often pre-empted by workers’ compensation laws. A statutory claim for bullying would create a significant new source of employer liability and could lead to lawsuits over common workplace disputes. Employers should consider adopting workplace bullying policies to avoid the need for legislation. Employers should not only include their anti-harassment policies in their employee handbooks, but also require employees to attend a mandatory antiharassment seminar. The seminar should include education as to what constitutes prohibited harassment, instructions on how to report harassment, an explanation of the investigative procedures that will be undertaken once harassment is reported and an explanation of the antiretaliation policy for employees who report harassment. Employees should then be given a short quiz to show they understood and learned the critical points explained in the seminar. As more information is conveyed electronically, make sure your harassment policies are made available on your intranet site in a conspicuous location, if you have an intranet. Email is another valuable tool to communicate harassment policies to all employees. It is also a good idea to post a hard copy in break rooms or other common areas. Like the adage that says you can’t force a horse to drink, you probably can’t force an employee to actually read the policy. But the more times you take the horse to the water, the better! For more information about these lawyers and their firms, please visit www.martindale.com. martindale.com/c2c May 2008 03 http://www.martindale.com http://www.martindale.com http://www.martindale.com/c2c

Table of Contents Feed for the Digital Edition of Counsel to Counsel - May 2008

Counsel to Counsel - May 2008 Contents Harassment Policies NEC Corporation of America and Duane Morris LLP Lost or Stolen Data: Minimizing Fallout On-Boarding the Board Drafting Fair, Efficient and Enforceable Arbitration Agreements Responding to Counterfeit Products Crafting an English-Only Workplace Policy Distressed Debt: New Players, Global Sophistication Make Restructuring More Complex IP Confidential: Plan Ahead, Act Fast to Protect Your Trade Secrets Adverse Changes: Think Ahead in a Strained M&A Market Optimizing Web 2.0 Technology: Expanding Your Professional Network Union Pacific Railroad Company and Patton Boggs LLP Warming Warning: Develop Your Climate Change Strategy Now Risk Sharing: Expect New Obstacles and Expenses in Syndicated Loans E-Discovery in Action Diversification at the Gate Energy

Counsel to Counsel - May 2008

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