Sexual Harassment – Do You Have A Policy And Prevention Program?

When Congress enacted Title VII of the Civil Rights Act of 1964, it did not define sexual harassment as a form of discrimination. The term “sexual harassment” is not even mentioned in the statute or the legislative history. 

Nevertheless, the Equal Employment Opportunity Commission (EEOC) issued guidelines in 1980 declaring sexual harassment to be a form of sex discrimination in violation of Title VII. These guidelines (i) established criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, (ii) defined the circumstances under which an employer may be held liable, and (iii) suggested affirmative steps an employer should take to prevent sexual harassment. 

The United States Supreme Court gave credence to the EEOC’s position in 1986 and formally construed Title VII prohibitions against sex discrimination to include sexual harassment in the case of Meritor Savings Bank v. Vinson. This landmark decision set off a flood of litigation that continues to this day by enabling victims of sexual harassment to sue their employers for monetary damages. 

Does your business or organization have a policy and prevention program regarding sexual harassment? The EEOC reports that over the last seven years, it has received approximately 14,000 complaints of sexual harassment annually. These cases have resulted in monetary benefits of close to fifty million dollars ($50,000,000) annually. This amount does not include damages obtained through litigation. 

Sexual harassment is serious business and if not understood by those who manage employees, it can result in serious consequences. 

The bottom line is that if you don’t have a sexual harassment prevention and training program and if you don’t have a clear policy that is communicated to and understood by all employees, now is the time to take action by contacting our law firm for assistance in preparing and implementing an effective policy.

Set Up a 2007 Business Retirement Plan Now!

Did you know…

                       

• That retirement can last for 30 years or more?
• That a common rule to follow is that retirees will need up to 80 percent of their annual income today to retire comfortably?
• That the average amount paid monthly by the Social Security Administration in the form of a

benefit is $962.70[1]?

There is still time to establish a retirement plan before 2007 ends. A retirement plan allows you to invest for the future while providing many benefits for you, your business and your employees. As a bonus, you and your employees may receive significant tax advantages and other incentives.

Benefits for Your Business:

• Employer contributions made on behalf of eligible employees are tax-deductible.
• Businesses may receive a tax credit of 50 percent on the first $1,000 in administrative and/or education costs.
• Assets in the plan grow tax-deferred.
• A retirement plan can attract and help retain good employees, consequently reducing your cost of training new employees.

Employee Benefits:

• Federal income tax on contributions in the retirement plan is deferred until distributed.
• Investment earnings that accumulate in the plan are not taxed until distributed.
• Retirement assets are eligible for rollover to other employer plans.
• Contributions can be made automatically through payroll deductions.
• A tax savers credit up to 50 percent is available to individuals within certain income limits.
• In many cases, long-term retirement goals are more likely to be met through early and full participation in a retirement plan.
• Qualified contributions reduce employees’ taxable earned income.

If you need any assistance please do not hesitate to contact our law firm.

 

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[1] U.S. Social Security Administration Office

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[1] U.S. Social Security Administration Office

Starting a Business?- The IRS has a new process to obtain an EIN

           

         New businesses are no longer required to file a Form SS-4 with the Internal Revenue Service to obtain an Employer Identification Number (EIN).  Instead, you may complete the more user-friendly, interview-style application found on the IRS website.  By completing the online application, you will receive an EIN immediately to use for the purposes of opening a bank statements, applying for business licenses, and filing a tax return by mail.

             Some people cannot use the new online application.  If you are a third party filing the application on behalf of the business owner, the business owner must first complete a Form SS-4 and the third party must keep the application on file.  Single-member LLC’s with employees where the owner is an individual who does not already have a sole proprietor EIN cannot use the new application.  Likewise, if the business was incorporated outside the United States, the new application is not available.             If you fall into any of the excluded categories, or are a traditionalist, you may still request an EIN by mailing a completed Form SS-4 to the IRS.  To access the online application, click here or contact our law firm for assistance.