Taking photos with a cellphone has become as ubiquitous as brushing your teeth. But if a manager sends an employee a sexually explicit shot, the company is bound to find itself in a big pot of legal hot water.
Attorney Jason Shinn discusses such a case on Michigan Employment Law Advisor. Shinn says Suski Chevrolet Buick is being sued under Michigan’s Elliot-Larsen Civil Rights Act for allegedly firing Deborah Salerno the day after she complained that her boss emailed her a photo of a “fully erect penis.” Shinn says the complaint also claims the boss threatened to “bury” and “harm her if she sued for sexual harassment.”
Filed in Michigan Circuit Court in Genesee County, Shinn says the suit charges sexual harassment [PDF] based on a hostile environment, retaliation and other related claims.
He advises all businesses to craft and implement antiharassment policies that include three fundamental components:
1. A statement prohibiting harassment, including sexual harassment.
2. A definition of harassment.
3. An easy procedure to encourage employees who think they’ve been harassed to complain without fear of retaliation.