Legal Question in Sexual Harassment in California
Sexual Harassment in a Creative Workplace
I work in HR at a design studio. Within the design team there needs to be a free flow of ideas. Unfortunately, often times these ideas break the rules of what is considered sexual harassment, especially the clause on visual harassment. What is the best method to protect the company while maintaining the current status quo? Can employees contractually waive their sexual harassment rights?
1 Answer from Attorneys
Re: Sexual Harassment in a Creative Workplace
No, an employee cannot contractually waive sexual harasssment rights. Everything must be put in context and even creative people can step over the line. To create a hostile work environment, an employee must be subject to verbal or physical conduct of a sexual nature, that is unwelcome, and is sufficiently severe or pervasive as to alter the conditions of the employee's employment. All employers must take steps to assure that such an envirnoment does not exist, regardless of the nature of your work.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
