SIR Training See " Disclaimer:" Below.
THE DANGERS OF
FOR COMPANIES AND MANAGERS
WHO ALLOW SEXUAL HARASSMENT IN THE WORK PLACE.
Now itís mandated (required) by The Federal Court Sentencing Guidelines, that a sentence of "Criminal Misconduct" be included when companies, managers and supervisors are found to have been involved in or they were allowing acts of sexual harassment among employees. This is part of the Rules of the EEOC also.
As Of 9 Years ago on November 1st 2004. Sentencing of Organizations by the Courts Is Now Clarified By The New Guidelines and Policy Statements. The following is a restatement of Chapter Eight of the Federal Courts Guidelines!
The guidelines and policy statements in the eight chapter of the Federal Courts Guidelines apply when the convicted defendant is an organization. Organizations can act only through agents (SIR Insert, = Owners , Officers and Supervisors,) and, under federal criminal law, generally are vicariously liable for offenses committed by their agents.
At the same time, individual agents are responsible for their own criminal conduct. Federal prosecutions of organizations therefore frequently involve individual and organizational co-defendants. Convicted individual agents of organizations are sentenced in accordance with the guidelines and policy statements in the chapters of the Federal Courts Guidelines . The eight chapter is designed so that the sanctions imposed upon organizations and their agents, taken together, will provide just punishment, adequate deterrence, and incentives for organizations to maintain internal mechanisms for preventing, detecting, and reporting criminal conduct.
The eight chapter reflects the following general principles:
(First,) the court must, whenever practicable, order the organization to remedy any harm caused by the offense. The resources expended to remedy the harm should not be viewed as punishment, but rather as a means of making victims whole for the harm caused.
(Second,) if the organization operated primarily for a criminal purpose or primarily by criminal means, the fine should be set sufficiently high to divest the organization of all its assets.
(Third,) the fine range for any other organization should be based on the seriousness of the offense and the culpability (Sir Insert = Training Provide to Supervisors) of the organization. The seriousness of the offense generally will be reflected by the greatest of the pecuniary gain, the pecuniary loss, or the amount in a guideline offense level fine table. Culpability generally will be determined by six factors that the sentencing court must consider.
Four factors that increase the ultimate punishment of an organization are:
(i) the involvement in or tolerance of criminal activity;
(ii) the prior history of the organization;
(iii) the violation of an order; and
(iv) the obstruction of justice.
The two factors that mitigate the ultimate punishment of an organization are:
(i) the existence of an effective compliance and ethics program; and
(ii) self-reporting, cooperation, or acceptance of responsibility.
Probation is an appropriate sentence for an organizational defendant when needed to ensure that another sanction will be fully implemented, or to ensure that steps will be taken within the organization to reduce the likelihood of future criminal conduct.
THESE GUIDELINES OFFER INCENTIVES TO ORGANIZATIONS TO REDUCE AND ULTIMATELY ELIMINATE CRIMINAL CONDUCT BY PROVIDING A STRUCTURAL FOUNDATION FROM WHICH AN ORGANIZATION MAY SELF-POLICE ITS OWN CONDUCT THROUGH AN EFFECTIVE COMPLIANCE AND ETHICS PROGRAM.
The prevention and detection of criminal conduct, as facilitated by an effective compliance and ethics program, will assist an organization in encouraging ethical conduct and in complying fully with all applicable laws.
(SIR Insert = Training From SIR and their years of experience of monitoring, and continuing training of management, supervisors and employees helps companies with 5 to 50000 employees comply and protect them self and stay out of court. Jerry Shaw)
Disclaimer: This information is provided from Jerry Shaw & SIR, with the understanding that as the author and publisher we are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.