Is it an Ohio Law to have a section in your policy and procedure manual about sexual harrassment?

I am an HR person for a large company. I have presented my boss with a policy on sexual harrassment and she does not want to enforce it. I am afraid I am going to liable for any sexual harrassment that goes on because I am the only HR person in the company. What can I do?

2 answers  |  asked Apr 26, 2010 10:43 AM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
I also concur that there is nothing illegal about the failure to have a policy. Your company should know that without a policy in place there are very specific defenses to claims of sexual harassment that the employer will forfeit. You really do need to convince your boss to sit down with an employment attorney and listen to the pros and cons before making this type of decision. The policy costs nothing, the lack of some defenses may cost the company dearly.


Bruce Elfvin
Elfvin & Besser

posted by Bruce Elfvin  |  Apr 28, 2010 09:32 AM [EST]
Neil Rubin
Whoa! It's not ILLEGAL not to have a sexual-harassment policy but it sure is stupid. I find it amazing that you work for a "large" company and your boss is so resistant.

Further, it is true that your boss and YOU could be held individually liable, or a least need to defend yourselves if a worker sues for sexual harassment.

So . . . if you have the purchasing authority, you may want to hire an employment attorney to write up an opinion letter to your boss to explain the problems. Otherwise, you are playing with fire.

Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087

phone: 216-923-0333
fax: 330-405-0907
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  Apr 26, 2010 12:46 PM [EST]

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