Excerpts 2
What the courts are in essence stating is that in order to make out a case for sexual harassment, the key lies in the ‘context’ and ‘circumstances’ in which the offending remark was used. If, for example, the only female machinist in your shift and find that you are subjected to your male colleagues grunting and pantomiming sex each time you bend down to pick up your tools, you probably have a strong case for sexual harassment. But if you’re part of the writing team for a movie script that centers about love and sex in the modern age, having your colleagues talk openly about the female anatomy isn’t sexual harassment. Neither is walking in your boss’s room to find him ogling at a topless image on his computer screen, which he promptly closes, constitute sexual harassment. You may find it offensive and rude but it doesn’t necessarily mean you’ve been sexually harassed!
KNOW HOW SARBANES – OXLEY PROTECTS YOU
In the aftermath of the Enron accounting scandal, the US Congress passed the Sarbanes – Oxley Act in 2002. The act is broad, complex and continues to evolve as judicial decisions are made. The key points under this act are that:
I. It requires executive certification i.e. your CEO & CFO typically will need to clarify that your company’s financial statements are correct,
II. Employees get ‘whistle-blower’ protection if they report any securities regulations, and
III. It introduces certain blackout periods where employees cannot make certain transactions within their defined contribution plans. The employer is also required to provide thirty days’ advance written notice of these blackout periods to its employees.