Employment Law: Proper Response From Employer Helps

Employers, please read Prompt Response After Harassment Complaint Gets Chili's Off Hook.

Chili's Grill & Bar responded promptly and appropriately to an employee's sexual harassment complaints and therefore is not liable even though the worker established a prima facie case of harassment in her lawsuit, the 1st Circuit has ruled.

The appeals court said there was ample evidence that Allison Forrest was subjected to sexual harassment since the actions she alleged occurred because of her sex.

However, because Chili's responded promptly to Forrest's complaints it was entitled to assert an affirmative defense to her allegations, the court said.

Having a harassment policy is not enough. Having a that policy in an employee handbook is not enough. Having the policy and enforcing the policy is the key to success.