Committee to Sponsor Sexual Harassment Workshop

By Tara J. Oolie

Educating business professionals on sexual harassment in the workplace is the goal of a May 12th breakfast meeting sponsored by the NYSSCPA Advancement of Women in the Accounting Profession Committee, chaired by Diane Womack (Nassau). (See box below.) Issues on the agenda include identifying harassment, employer liability, and other pertinent concerns.

To better understand the legal aspects of the issue, the committee spoke with one of the session's speakers, Robert J. Nobile, a partner with Seyfarth, Shaw, Fairweather & Geraldson, who specializes in human resources and employment law.

"When an individual alleges that he or she has been harassed, what the individual in effect is saying is that his or her rights have been violated under the federal, state and/or local civil rights laws," Nobile said.

He explained that it is vital that the employer knows that he or she is fully liable when a person in a position of authority harasses a subordinate, or "quid pro quo harassment." Although the employer is liable for the actions of its employees, employees also can be found personally liable.

Nobile explained that the federal statute of limitations for bringing a claim is 300 days from the date the individual alleges the harassment. This time frame varies at the state level.

"Under the New York State Human Rights Law, an individual can go directly to court with a complaint and have up to three years to bring a claim," he said.

He pointed out that two recent Supreme Court decisions underscore the importance of companies having formal sexual harassment policies.

"If an employer wants to avoid claims of discrimination and harassment, there is nothing more important than having a well-oiled policy in place, a policy that allows for a viable complaint procedure," Nobile said.

He stressed that every type of workplace--from giant corporation to small start-up--should implement an extensive sexual harassment policy. He pointed out that while Title Seven of the Civil Rights Act of 1964, the federal law prohibiting discrimination and harassment, applies to companies with 15 or more employees, the New York State Human Rights Law holds companies with only four or more employees accountable. Moreover, Nobile said it is worth establishing a plan since defending a lawsuit can total $150,000 and more. He said that many large corporations can share their plans and minimize development costs.

The Advancement of Women in the Accounting Profession Committee has developed a model sexual harassment policy that is available to CPA firms and Society members. The policy presents the Equal Opportunity Employment Commission definition of sexual harassment and offers guidelines for reporting incidents, appealing accusations for both involved parties, and handling false claims.

Although many of the large insurance carriers now offer sexual harassment insurance, called employer practices liability insurance, Nobile warned that many of these plans contain loopholes.

"While the insurance is out there and available, employers have to be cautious about the extent of the policy coverage and the amount of the deductible," he said.

He also stressed that it is critical for companies to clearly communicate their policies and make employees aware of their rights and repercussions in a sexual harassment situation.

"I advise clients to ensure that they have each of their employees sign an acknowledgement form that they have received a copy of the policy, that they understand what the policy says, and that they've been instructed on how they can proceed in filing a complaint internally in the event that they have been subjected or believe they have been subjected to any inappropriate conduct," Nobile said. "Most companies' policies protect individuals against acts of retaliation, and the law also has very strong nonretaliation components."

Victims of sexual harassment also have resources outside their companies. Individuals can speak with professionals and file complaints at government agencies including the Equal Opportunity Employment Commission, the Division of Human Rights in New York state, and the Commissioner of Human Rights offices in New York City. Other groups such as the National Organization of Women have established hotlines, mostly for women who seek guidance. In addition, many companies have employee assistance programs to advise and give counseling to staff members who have been sexually harassed.

For more information on the Advancement of Women in the Accounting Profession Committee, including a copy of its model sexual harassment policy, contact NYSSCPA Communications Specialist Tara Oolie at (212) 719-8405, (800) 633-6320, or toolie@nysscpa.org . *

Hear firsthand advice from Robert Nobile on establishing a sexual harassment policy for your firm or company.

Nobile and Darelene Orlov, the president and founder of Orlov Resources for Business, will speak at a May 12th workshop sponsored by the NYSSCPA Advancement of Women in the Accounting Profession Committee. Orlov conducts sexual harassment awareness training in the United States, Asia, Europe, and the Middle East, and has recently co-authored the book What Every Manager Needs to Know About Sexual Harassment.