Labor: Failure to complain insulates employers from harassment claims

Cases show employers should properly review and train employees on harassment policies

Two recent cases out of federal district courts in the 7th Circuit should reinforce to employers important lessons in insulating themselves from sexual harassment claims. In both cases, the allegedly harassed employees quit before complaining about the harassment or allowing the employer to take prompt and appropriate corrective action. The cases are a reminder to employers to review and revise their harassment policies, and to make sure supervisors and employees are properly trained about harassment and how to respond to it.

On Sept. 10, in Zuidema v. Raymond Christopher, Inc. d/b/a Cinnabon, the District Court for the Northern District Illinois granted the employer summary judgment and refused to find it liable for harassment where the employee gave notice and quit before giving the employer an opportunity to take appropriate corrective action to stop the harassment.

Contributing Author

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Mark Spognardi

Mark Spognardi is a partner at Arnstein & Lehr. He focuses on representing management in traditional and non-traditional labor and employment law matters, including counseling,...

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