The media's reports of harassment claims against visible, influential persons as well as substantial jury verdicts against harassers and their employers emphasize this is an issue which companies cannot ignore. Surprisingly, however, there are still companies which ignore the subject, hoping it will never find them.
Employees are already aware of sexual harassment and their rights.
The courts, particularly those in New Jersey, have imposed a responsibility upon employers not only to stop and remedy harassment when they become aware of it but also to educate and train their employees to avoid and detect such conduct. Although it is not clear whether such efforts will insulate an employer from all liability, it will reduce the potential exposure for the company, especially for punitive damages and for harassment by non-supervisory personnel. We would also point out that we have begun to see claims seeking damages for inadequate investigations. A word of caution, however. There are few hard and fast rules.