Jottings By An Employer's Lawyer

Monday, July 12, 2004

Sexual Harassment Restrictions Get Tougher in the Aloha State

Last month the Hawaiian Supreme Court extended liability for sexual harassment even further than protection under Title VII. The Pacific Business News has the story about the consequences of Arquero v. Hilton Hawaiian Village, LLC(Hawaii 6/10/04). Now in the land of paradise a single incident of unwanted touching may be sufficient to establish sexual harassment, and the requirements for employers to have a truly strict no tolerance policy has become paramount. The latter according to fellow Management & Labor Employment Roundtable member, David Banks. Without saying so specifically, the article points out this could become a great union organizing tool. When workers are terminated based on a single, one time incident, it would be nice to have a union collective bargaining agreement to at least give the protection of a 'just cause' standard. More headaches for employers, but at least in an idyllic setting.

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