Page 41 - Delaware Medical Journal - May/June 2019
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MSDIS CORNER
Providing additional interactive training for supervisors within one year of the commencement of their supervisory role. Existing supervisors must receive training by January 1, 2020.
Repeating training every two years for all employees and supervisors.
Training of employees and supervisors must include the following:
Address illegality of sexual harassment.
examples.
Describe the legal remedies and complaint process available to the employee.
Direct employees on how to contact the Delaware Department of Labor.
Instruct employees that retaliation is prohibited.
In addition, supplemental training
responsibilities of a supervisor in preventing and correcting sexual harassment as well as the legal prohibition against retaliation.
UNDERSTANDING HARASSMENT
Understanding what constitutes harassment is a crucial preventative measure against lawsuits.
“Unlawful harassment is a big bucket
of different types of allegations and charges, but the most common type of claim we see is sexual harassment,” said Christopher Valentino, a principal with in Long Island, N.Y.
There are two main categories of major sexual harassment claims: quid pro quo and hostile work environment. Quid pro quo harassment typically occurs when a supervisor makes a request for a sexual favor in return for more favorable terms and conditions of employment.
“Once it is established that a quid pro quo has taken place, an employer will be faced with an effective defense,” said Valentino.
Hostile work environment claims occur when unwelcome comments or conduct of a sexual nature interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. According to Valentino, due to a hostile work environment. Unlike quid pro quo claims, hostile work environment claims “can be peer-to-
peer, co-worker-to-co-worker, or even subordinate-to-supervisor.”
CLAIM PREVENTION AND BEST PRACTICES
It is critical that all companies have
a policy expressing a commitment to providing a harassment-free environment for all employees. A properly crafted internal policy can be an effective mitigating tool following an employment practice liability (EPL) incident. It is also highly recommended that a company’s terms such as “hostile work environment” investigating harassment complaints.
The policy should contain a statement that there will be consequences for
policy violations. In addition, a good anti-harassment policy sets forth a clear
prohibition against retaliation for those
cooperate in investigations, or engage in other types of protected activities.
MSDIS/USI Insurance Services, along with its legal and carrier partners, is helping many clients acquire broad EPL insurance. These policies provide cover for sexual harassment claims, racial discrimination, wrongful termination, and retaliation claims. The MSDIS/
USI team works closely with carriers to assist organizations with implementing risk management solutions, training, and implementing policy and procedures.
Through the USI ONE Advantage process, USI is also able to help clients with benchmarking EPL premiums
compare rates, and determine the likelihood of an EPL loss. The ONE process enables companies to make more informed purchasing decisions about coverage, allowing for a more effective use of capital.
CONTRIBUTING AUTHOR
■ SHARON RUTH is a Senior Client Advocate who coordinates all lines of Property and Casualty coverage for MSDIS, specializing
in Medical Malpractice. She will be happy
to assist you with your insurance questions or concerns in a positive, non-harassing environment.
Del Med J | May/June 2019 | Vol. 91 |
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