In Equal Employment Opportunity Commission v. Prospect Airport Services, Inc.¸ the United States Court of Appeals for the Ninth Circuit ruled in favor of a male employee subjected to advances by a female co-worker.

The male employee, Rudolpho Lamas, and the alleged harasser, Sylvia Munoz, worked for Prospect Airport Services, Inc. They worked at McCarran International Airport in Las Vegas helping passengers who need wheelchairs. 

Munoz, who was married, began a series of sexual advances to Lamas, who was a recent widower.  The advances came by way of notes and remarks.  Lamas immediately informed Munoz that he was not interested and informed his supervisor of the advances.  Munoz continued her advances and Lamas informed another supervisor of the advances, but did not put his complaint in writing.  Eventually a supervisor did speak with Munoz, but the comments continued.  Lamas’ work performance decreased as a result of the harassment.  Lamas’ was eventually fired for poor performance.  Lamas filed an EEOC complaint.  The EEOC filed a lawsuit against Lamas’ employer. 

The 9th Circuit focused on the idea of welcomeness.  The Court recognized that some men might have found the advances to be flattering.  However, the Court considered that an analysis of the individual victim’s idea of welcome must also be considered.  The Court also considered that the advances continued over a long period of time and while each individual advance might not rise to the level of harassment, the pervasive nature of the advances elevated the conduct to actionable behavior.  Finally, the Court found the employer’s response to be inadequate.  Despite telling several supervisors of the advances, the company did not ensure that the advances stopped.  In fact, one supervisor even suggested that Lames console himself by singing “I’m too sexy for my shirt.” 

This is another example of how a company’s inaction can lead to liability.  Here, liability may have been avoided had the company simply ensured that Munoz stopped her comments. 

 Should you have any questions about responding to complaints of sexual harassment, please contact Susan E. Bishop at (408) 369-0800.

Are companies required by law to have a Policy Manual or Employee Handbook?

No.   There is no legal requirement to have a handbook or policy manual.  However, many federal, state, & local laws require employers to provide certain written notifications to employees. A handbook is a good way to satisfy these requirements.  For example, your handbook can contain the required notice to employees about their rights under the Federal Family Medical Leave Act (FMLA), Pregnancy Disability Leave, and Sexual Harassment policies. 

 Additionally, other laws require employers to take certain compliance measures. Having a written handbook where these issues are spelled out can be a method for being in compliance. For example, the law requires employers to provide a safe working environment for its employees. Having safety policies and procedures in your handbook can be crucial steps in maintaining a safe workplace.

 Be aware that once you do have a handbook, the law does require that you include written policies on certain topics.

What are some of the benefits of having a handbook? 

• They increase employee morale & efficiency by letting the employee know the company’s expectations. 
• They ensure a uniform application of the company’s policies.
• They assist supervisors & managers in making appropriate personnel decisions.
• They may help protect employees from personal bias or poor judgment by supervisors.
• They help explain company benefits such as paid time off and health insurance.   
• They will help avoid lawsuits.  Simply having certain policies in writing can protect employers. 

 Who should create the handbooks? 

 A good handbook needs to reflect accurately your company’s policy and practices. A handbook should reflect current California laws and take into account the size of the organization.  Often,  standard handbooks found online or in books cause more harm than good if they include policies that are not truly applicable to the particular company.  Also, many handbooks found online do not include specific California laws. 

Pratt & Associates creates custom-written handbooks for companies of all sizes and also reviews existing handbooks.  Please contact Susan E. Bishop at (408) 369-0800 if you are interested in learning more.