Some jobs are just more inherently “harassment-prone” than others — being a Hooters waitress comes to mind. But a recent case shows that even employers in these types of industries have a duty to take prompt corrective action.
In Turman v. Turning Point of Central California Inc., recently decided by a California appeals court, a female night-shift monitor at a halfway house for federal and state prisoners was regularly subjected to lewd and sexually offensive name-calling, sexual propositions, and sexual gestures by the prisoners.
When she complained to her supervisor, he told her “they don’t really mean it” and that she should “try and be nicer to ’em.” The only advice the supervisor gave her was to write up the residents for disciplinary violations less often. Eventually, she was terminated.
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The court ruled in favor of the employee, finding that under both state and federal law:
- An employer can be held liable when nonemployees sexually harass an employee, and
- The employer doesn’t take “immediate and appropriate corrective action” to alleviate the harassment.
Here, there was no evidence that any corrective action had been taken at all. The halfway house tried to argue that prisoner harassment was “inherently part of the job,” but the court wasn’t buying it.
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“While it may be true that male residents who are living under restricted conditions are likely to harass or mistreat their female supervisor,” said the court, the employer still has a legal responsibility to “take immediate and appropriate action to correct the situation.”
Tomorrow, some essential tips for responding to claims of sexual harassment. We’ll also introduce you to a resource that makes your A.B. 1825 manager training obligations as painless as possible.
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