Keep Your Hands to Yourself: Great Legal Advice from My Mom
If you grew up in the 60's and 70's, you probably recall your mother warning you to, “keep your hands to yourself.” Now she probably meant it to quit annoying your brothers and sisters, but that sage advice is still important today.
Lately, my firm has seen a large increase in clients being charged with Criminal Sexual Conduct 4th Degree. Oddly, this is happening more often in the workplace, rather than at a bar or night club. According to MCL 750.520e, a person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person. Sexual contact includes the breast, buttocks, inner thighs, or private areas. Typically this occurs when an employee thinks it is okay to touch another employee for sexual gratification. Perhaps movies and television shows have desensitized us into thinking that this is simply a form of “flirting,“ but this is far from the case.
Just because a co-employee says "hello" to you with a smile does not mean she is giving you permission to touch her. It is not a legal defense to say, “I was just joking around.”
If you are charged with Criminal Sexual Conduct 4th Degree, you could go to prison for up to two years, and perhaps worse, be required to register as a sex offender. You also expose yourself to a civil lawsuit. This type of charge is certainly a career killer. Good luck finding employment with this kind of a charge on your record.
Employers have a duty to have "mom's sage advice" clearly spelled out in an employee policy manual. Failing to advise your employees of the “keep your hands to yourself” rule, could open you up to civil liability also. After all, the employer has deep pockets and is typically named in the same law suit as the employee.
This type of behavior has found its way into every company, big and small. Employers that suspect there is some “funny business” going on have a duty to stop it in its tracks. Unfortunately, most employers are uncomfortable with talking to their employees about sexual misconduct in the work place. Perhaps they are worried that if they say something to the employee then they have put themselves in a position where they are now on notice that this occurred in their place of business. My advice to employers is to follow the Nike slogan and “Just Do It." Tell the employee this behavior will not be tolerated. Do not be complacent and simply hope that the problem will just go away - because it will not.
As for the employees who believe that flirting is an acceptable form of behavior in the work place, you are sorely mistaken. If you get charged with criminal sexual conduct, you can bet that once the word gets out, other employees who tolerated your unwelcome advances will also come forward and likely multiple charges will be brought against you!
So once again, thanks mom for giving me great legal advice as a five year old. 50 plus years later, it is still good advice that I can share as an attorney.