It’s not always the act of sexual assault or harassment that puts companies at risk, as few have direct control over the intentional acts of others; it’s when companies don’t promptly respond to concerns that liability issues arise, experts say.
“It’s important that companies take immediate action in responding to these claims and address the concerns raised by the people who come forward,” said Marshall Gilinsky, a Boston-based shareholder at Anderson Kill P.C.
“That involves taking very seriously their allegations and assessments as to what’s happened and investigating them thoroughly to make sure that any problems that exist are identified and dealt with.”
Lance Ewing, vice president of enterprise risk management and operations for the San Manuel Band of Mission Indians in Highland, California, said an immediate response can help mitigate legal ramifications later on.
“Companies need to embrace the fact of sexual harassment and sexual assault, or even sexual bullying; they need to be aware of that and take immediate action,” he said.
Sometimes the response can be better security, experts say.
“It’s always important to determine what the employer has done to safeguard the employees in high-risk situations,” said Zachary Rubinich, Philadelphia-based partner at Rawle & Henderson LLP.
“It could be something as simple as additional security cameras, additional lighting in certain areas where you may have overnight workers, or you may have workers who work alone who could be susceptible to criminal activities.”
Panic buttons for hotel housekeepers, for example, are required in several jurisdictions, including New York and Illinois — mostly in response to complaints from workers facing sexual harassment or assault.
But companies don’t have to wait for regulations.
William Anderson, Atlanta-based partner at Hamilton, Westby, Antonowich & Anderson LLC, recalled a large chain-hotel client that implemented a “buddy system” for housekeepers — requiring them to work on the same floor in pairs.
“I thought it was a great idea, not only because of sexual assault but for other safety reasons, such as slips and falls,” he said.