Tuesday, January 29, 2008

Remedial measures do not have to be perfect to win harassment claim

Dan Schwartz at the Connecticut Employment Law Blog posts today about treating harassment complaints seriously and taking appropriate action, but not overreacting.

Coincidentally, I make the same exact point in the February 2008 issue of InsideCounsel, discussing Brenneman v. Famous Dave's of America, a sexual harassment case I originally reported on in November:

The court recognized "a company doesn't have to be perfect," explains Jonathan Hyman, an employment lawyer with Kohrman Jackson & Krantz.

"So if a company gets a complaint of harassment, has an adequate policy, undertakes an investigation ... and then makes what it thinks is a reasoned remedial step to stop the harassment, courts much more often than not aren't going to second-guess what the company does. The remedial measures don’t have to be perfect either; they just have to be reasonable and adequate," he says.