Recently, the issue of sexual harassment has come to the forefront of the public conscience due to a surge in allegations against well-known individuals. The recent events provide an opportunity to remind employees of appropriate workplace conduct and ensure a suitable workplace environment. Providing and enforcing a workplace personal conduct policy is a useful tool in promoting such an environment.

Attached to this notice is a sample policy which may be referenced in creating your own workplace personal conduct policy. A State of Michigan reference document is also attached. (Click here for sample policy and State of Michigan reference documents). Several important points to consider when creating your own policy:

• Employees should be advised as to what behavior is unacceptable;
• Employees should be provided confidentiality to the extent possible in reporting violations of the personal conduct policy and should be assured they will not be penalized for reporting any alleged violation;
• Employers should state clearly that penalties for violations of the personal conduct policy may include termination.

The guidelines for personal conduct should also be followed with employee interactions with customers. Our firm has been made aware of instances where customers have attempted to gain favorable purchase terms by alleging harassment against an employee. This occurred even when an employee merely sat close to the customer. As such, we recommend taking the following precautions to avoid such a situation:

• Advise employees to avoid any conduct which may be inappropriate, including the touching of a customer;
• Ensure that employees are not alone with customers which could lead to a “he said, she said” scenario;
• Install quality surveillance equipment within the dealership to record customer and employee interactions.

If you have any questions regarding this notice or any other employment related matters, please do not hesitate to contact a member of the Dealer Practice Group at 248-645-9300 or by email.

• Chuck LeFevre, Chair – [email protected]
• Lawrence F. Raniszeski – [email protected]
• Michael J. O’Shaughnessy – [email protected]
• Eric R. Bowden – [email protected]
• Alycia Pallach Wesley – [email protected]
• Nicholas J. Ranke – [email protected]