This article originally appeared in the February 2018 issue of Cannabis Dispensary. To subscribe, click here.
Marijuana dispensaries and grow operations face the same risks and costs related to sexual harassment and misconduct as any other business, but they often do not have the deep pockets of large companies nor a bevy of lawyers to protect themselves. Just one lawsuit can take your dispensary’s profits, create a hostile work environment, damage your company’s reputation, destroy employees’ confidence in management and hurt your ability to retain employees.
It is naive to think that men and women who work together in a dispensary are not going to notice one another, make emotional connections or have interactions outside of work. Additionally, the workplace has become a venue into which workers bring much of their personal lives. Employers must walk a tightrope between an inviting environment and a legally prohibited one.
There are two main types of sexual harassment, which apply to both genders:
1. Using a Position of Power to Exploit Another Employee
This form of sexual harassment involves a person in power basing an employee’s benefits, such as promotions or continuation of employment, on the employee’s acceptance of sexual advances, innuendos or inappropriate touching.
This is considered employer exploitation. In most states, the company is liable for the supervisor’s behavior, and could be liable for lost wages, emotional distress damages, interest and attorney fees.
State laws vary, and dispensary owners should be familiar with their state’s laws governing sexual harassment by supervisors and co-workers. Some state laws also take into consideration whether the company or management knew, or should have known, about the harassment, yet failed to take immediate and appropriate action. If the employer knew of the harassment, it could also be on the hook to pay punitive damages.
To read the full article in Cannabis Dispensary's February 2018 issue, click here.
Top photo courtesy of iStockphoto
