How to protect a Property Management Firm from sexual harassment of a tenant by a handyman or staff member
The Fair Housing Act prohibits sexual harassment by a property management staff member against a tenant. Staff members who engage in sexual harassment against tenants face civil, and sometimes criminal, penalties.
Appalling as it may sound, I recently spoke with a new female tenant that was inherited from another property management firm. When explaining to her that we will need to schedule a home inspection she informed me that the maintenance technician from the previous property management firm was trying to schedule a home inspection and would send text messages laced with 'come on's" One of them read: "How about I schedule the inspection for 3am? Have the mimosas ready!" Inappropriate is far too nice a word for this type of behavior. There are a number of things a property management firm can and should do to protect themselves and to ensure the safety of others that have to do business with the company.
In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:
1. Establish a sexual harassment policy
A. Policy should be to explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.
2. Inform employees of the established policy prohibiting sexual harassment.
A. Post in office and provide copies to all employees.
3. Monitor compliance and respond swiftly when complaints arise.
A. Take action when you hear off-color remarks, if sexually-oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.
4. Employ a gender-diverse employee base.
A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.
5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendos, or touching.
6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create the potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.7. Do not permit employees to refer to persons of the opposite sex as “honey,” “dear,” “sweetheart,” or other similar expressions.
Common sense would suggest that in cases of legitimate sexual harassment the victim would have notified the landlord long before any lawsuit were filed. One of the first questions a judge would ask is, " When was the first time you brought this concern to your landlord's attention?"
If this scenario should ever happen to you, please call the police and file a complaint. There needs to be a zero-tolerance for this behavior and perpetrators need to be STOPPED!
homeqwestrealty@gmail.com | O. 239.770.5429 http://www.homeqwest.com
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