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Sexual Harassment in Employment

Sexual Harassment Employment

For Julissa and Prof. Cross. Elsie Y. Jiménez

Although much has been spoken of Sexual Harassment in the Workplace, employers still exist many doubts and questions about this subject. Recently, a patron called us to consult a possible case of sexual harassment in your organization. As we meet we find that the supervisor performed the query to please the president and that he understood there was no sexual harassment in your company.

Erica Rivera (name changed to protect the identity of the employee) who holds a position as a cashier has been notified on several occasions to his supervisor that the customer John Smith (fictitious name, frequent customer of the company) has made advances to go out and constantly waiting for your departure time to accompany her to her car. Erica Rivera told his supervisor did not feel comfortable with these approaches by which he hoped to intervene with the client. The supervisor ignored his employee and he understood that the act should not be given Pedro Perez is a client and not an employee of the organization. Two months after the employee approached the president and let him know your concerns, he proceeded to ask the supervisor to do a query to your Human Resource Consultants.

Does it seem to you that there is sexual harassment if the above?

The answer is yes. Act No. 17 of April 22, 1988, as amended indicates that employers are responsible for any possible case of sexual harassment including but not limited to cases between employees, supervisor to employee, employee to supervisor, customers and employees employees to customers. Sexual harassment is defined as any unwanted sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature or which is reproduced using any media including but not limited to the use of multimedia tools and through cyber network or any electronic means. It is noteworthy that an employee or supervisor can respond to their property and property for the damages it caused to the victim or the employer.

This law applies to every employer with one or more employees. Our responsibility is to be not tolerant of sexual harassment in the workplace. The penalties for committing a case sexual harassment and the employer fails to take corrective action in it are high. Any person responsible for harassment liability incurred by a sum double the amount of damage caused to the employee or job applicant.
be liable for a sum of three thousand (3,000) dollars where they could not prove damage.

The person responsible for engaging in such conduct must also pay attorneys' fees and costs of the court process.
Anyone in the field of employment, teaching or service, ask favors of a sexual nature to himself or a third party and subject working conditions, teaching or services to deliver, or by sexual behavior causes a situation intimidating, hostile or humiliating for the victim, shall be guilty of a misdemeanor (imprisonment for not more than six (6) months or fine not exceeding five thousand (5,000) dollars, or both).

you as an employer has a duty to keep the workplace free of sexual harassment and intimidation, and should clearly state its policy against sexual harassment to their supervisors and employees and ensure they can work in safety and dignity. Complying with the obligation is imposed upon the employer to prevent, deter and prevent sexual harassment in employment, it shall take such steps as are necessary or desirable for this purpose including but not limited to the following:

(a) state clearly to their supervisors and employees that the employer has a strong policy against sexual harassment in employment.

(b) To implement the methods needed to create awareness and to know the prohibition of sexual harassment in employment.

(c) give adequate publicity in the workplace, for those aspiring to employment rights and protection as are conferred and granted under this Act, under Act No. 69 of July 6, 1985 of Law No. 100 of June 30 1959, as amended and the Constitution of the Commonwealth of Puerto Rico.

(d) Establish an adequate and effective internal procedures to address complaints of sexual harassment.

If your company does not have a sexual harassment policy and is not complying with the requirements of law, could be exposed to fines and penalties. For more information contact RECODERE their Human Resources Consultants at 787-528-8687, or visit jdelacruz@recodere.com http://www.recodere.com/

The authors are respectively President and Partner of RECODERE Resources Consulting Firm Human specializing in small and medium enterprises. Both have over ten years experience in human resources in the private sector and members of the Association of Small and Medium Enterprises (ASOPYMES).