richardhaydnxy: When Harassment Becomes A Liability For Any Business

Your General Liability and Work Comp Is Not Going To Protect? Your Business A$$ETS

by JB Woods
All Rights Reserved

Most business owners and employers want to avoid lawsuits, unless they are simply ignorant or bigots themselves. ??

Every business owner who has employees needs to understand what exactly is harassment in the workplace.? It typically is based on affecting these classes of individuals :?

Race
Religion
Age
Sexual Orientation
Disability
National Origin?

Speech or offensive acts can be punished when it becomes severe or pervasive enough to create a hostile environment.?

The challenge is deciphering what is offensive and to whom can be difficult to determine, especially when certain acts may seem innocent at first.? The truth is every employee will evaluate or react according to their personal experience, judgement, and belief of what they believe is right or wrong. ?? For example:

A male employee has a poster of a woman in a bikini is easier to recognize as being offensive to the female gender, but what if? it was a picture of his wife in a bikini.
A racial joke is being told by two employees that is overheard by an Asian co-worker.? The joke wasn?t meant to be heard, but a small office environment makes it difficult not to hear what other people are saying.
A customer service representative makes a ?blonde joke? after hanging up with a customer who had difficult time understanding the return policy.
A joke circulates about Catholic priests molesting young boys.

Employers need use sound and reasonable judgement when it comes to determining what speech or acts need to be eliminated in the workplace.? The best approach would be to be as conservative as possible and have a zero tolerance policy.

Will My Business Liability Insurance Provide Coverage For A Harassment Lawsuits

Most than likely NO!

Find your business insurance policy and look for the heading ?Commercial General Liability Coverage Form.?? (Please know every insurance policy can be different and unique, which might require additional time.) ? Under the exclusions (no coverage) section of your commercial liability policy look for ?Employer?s Liability.? Here?s an example from a sample policy:

?Bodily injury? to:

1. An employee of the insured arising out of and in the course of:

Employment by the insured; or
Performing duties related to the conduct of the insured?s business

In other words, the insurance company will not defend you in a lawsuit or provide settlement costs if you?re sued for harassment.?

What About My Workers Compensation Insurance Providing Coverage For Harassment Liability?

More than likely NO!

Many workers compensation policies exclude the following:

damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of an employee, or any personnel practices, policies, acts or omissions

Many business owners are unaware of the fact they?re? on their own when it comes to defending themselves in court.? The legal, settlement, fines, and costs associated with protecting your reputation can be astronomical depending on the severity of the allegations.

Every business owner cannot claim ignorance.? Having a conservative and zero tolerance approach will save you and your company a lot of grief in the end.? In addition, consider buying an Employment Practice Liability Insurance policy for additional peace of mind. ??

Source: http://www.gpbusinessinsurance.com/2012/02/when-harassment-becomes-a-liability-for-any-business/?utm_source=rss&utm_medium=rss&utm_campaign=when-harassment-becomes-a-liability-for-any-business

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