Keeping management out of trouble: Avoiding harassment in the workplace

1. April 2, 2008 Keeping management out of trouble: Avoiding harassment in the workplace Bret Cohen, Mintz, Levin Leslie Friedman, Millennium Pharmaceuticals Ty Howe, Marsh

2. I. THOU SHALT NOT HIRE LIARS, CHEATS, THIEVES OR OTHER UNSAVORY CHARACTERS II.THOU SHALT NOT TURN A BLIND EYE TO EMPLOYEE BAFOONERYIII. THOU SHALT PROTECT YOUR PEOPLE AND YOUR INTELLECTUAL PROPERTY IV.THOU SHALL WRITE GOOD EMPLOYEE HANDBOOKS AND MANUALS OR NOT WRITE THEM AT ALL V.THOU SHALL SUPPORT THOSE THAT SUPPORT OTHERS VI.THOU SHALL RESPECT YOUR EMPLOYEES’ RELIGIOUS BELIEFS AND PRACTICES VII.THOU SHALT NOT FIRE “SICK” AND “OLD” EMPLOYEES SIMPLY FOR BEING “SICK” OR “OLD” VIII.THOU SHALT NOT TAKE AN EYE FOR AN EYE IX.THOU SHALL KEEP GOOD RECORDS X. THOU SHALL PROTECT THY OWN WALLET Ten Commandments To Avoid Disaster In The Employment Relationship

3. From the Human Resources Perspective • Establishing a respectful workplace environment • Training on workplace behavior • Nipping problems in the bud

4. How Employment Practices Liability insurance worksA Modular Form • Why is that important? • First party risk – your employees • Third party risk – contract staff, temps

5. When Things Go WrongWhat Employment Practices Liability Covers • Liability for harassment (sexual, gender, orientation, etc) • Discrimination (age, gender, ethnicity, etc) • Failure to hire • Wrongful termination • Lawsuits, complaints, administrative proceedings, including Mass Council Against Discrimination • Policy pays damages and defense costs

6. Important Features • Responds to claims made during the policy period • May not allow you to use your preferred law firm • May force you to settle when you would rather fight • May not respond if you try to handle it yourself and then report the claim later

7. Resources • State training for employers of 200 or less: http://www.mass.gov/mcad/training.html • Sample workplace harassment policy: http://www.toolkit.com/tools/bt.aspx?tid=sxhrst_m