AboutJohn Fuller Expertise I can answer questions pertaining to Affirmative Action, how an affirmative action plan is developed, definitations included within an affirmative action plan, goals versus quotas, misperceptions, rolling out the affirmative action plan with specific action items and areas that are action items. I can answer questions pertaining to Civil Rights violations, investigations of violations and methods and means to be proactive to ensure awareness of civil rights. I am not an attorney and cannot answer or provide information relating to legal, court-related, or case law.
Experience Experience in the area
Diversity,EEO, and Affirmative Action Officer for Johns Hopkins Hospital
EEO, Ethics, and Affirmative Action Officer for Fortune 300
Deputy Director, Equal Opportunity for the Department of Defense
Equal Opportunity Management Institute
Organizations
Board of Directors, National Council for Support of Disability Issues
Board of Direcdtors, Institute for MultiTrack Diplomacy
Maryland Association of Affirmative Action Officers
Publications
Guest expert discussing discrimination, sexual harassment in the workplace and affirmative action on over 45 radio stations nationwide
Education/Credentials
Doctor of Education
Master of Science, Leadership & Business Ethics
Master of Arts, Education
Virginia and Florida Supreme Court Certified Mediator
Department of Defense Certified Mediator
Question I had an assistant manager that consistently made rude comments and sexual gestures in front of the manager. Eventually, he took it a little further and hid cameras in the bathroom to video us. Since the manager knew this was going on and did not do anything to stop the harrassment before he put the cameras in the bathroom, should the company be held responsible?
Answer Hi Lisa,
A company is responsible for ensuring that all employees are protected under Federal and State sexual harassment and other employment laws. The way the courts generally look at sexual harassment such as the case you are describing is that the employer (manager) either knew or should have known that this conduct was going on. Since the harasser was basicaly given a pass in the harassment prior to advancing to the next level of the cameras, the company will have a difficult time explaining why it did not take immediate action. One thing about sexual harassment is that you do not have to report it particularly if it is done in front of a superior in an organization. However, it is always advisable to report this type of behavior and put it into channels. Even if the manager did not do anything, there is always the next level of supervision. In this case, the company nearly always would be held liable for such conduct. If you have any other questions, please do so.