Harassment and Discrimination Prevention Consultants

Human Resources Management Firm

Neva, Inc. ("Neva") is an innovative national human resources management and consulting practice focused on helping companies with creating a workplace free of harassment and discrimination.

We serve our clients with a commitment to quality harassment and discrimination prevention trainings, foremost, along with consideration for the myriad of operational aspects.

 

Keeping up with changes in the employment law changes, attracting and retaining qualified employees in a competitive marketplace, complying with complex and often overlapping federal, state and county regulations and operating a business is quite the juggling act for executives, directors and managers. Neva provides corporations with the support necessary to balance their responsibilities and focus on their first priority: operating their business with substantially reduced exposure to liabilities that may ensue from a hostile workplace.  Neva offers our businesses across the United States, trainings on current law and regulations pertaining to harassment and discrimination in workplace, as well as consulting services.

 

Creating a harassment and discrimination free company that supports the needs of employees for a non-hostile workplace which in turn will help with increasing productivity of the organization, is our goal. The opportunity to transform workplace is why Neva was was established in 1995, and our growth indicates that our model is benefiting the companies we serve across the nation.

 

We are the trainers human resources and corporate leaders come to when they want enduring results. Together, we find value across boundaries, develop insights to act on, and energize teams to sustain success. We’re passionate about always doing the right thing for our clients, our people and our communities, even if it isn’t easy.



What we do:

Sexual Harassment Training

California Sexual Harassment Training

Discrimination Training

 

We offer harassment and discrimination complaint investigation services across all industries and geographies. 


Employees have the right under the law to report discrimination or harassment to an employer. An employer should deal with harassment or discrimination complaints immediately. The failure of an employer to conduct an investigation can lead to much bigger problems, such as a lawsuit.


Workplace Harassment Investigations

California's Harassment and Discrimination Laws

1. Automatic liability for a company when harassing or discriminatory conduct is taken by supervisors.

A company is automatically liable for any harassment or discriminatory actions taken by its supervisors. Under California’s Fair Employment and Housing Act (FEHA), a supervisor is defined as anyone who has the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend these actions to the employer.

2. When is a company liable for harassment by non-supervisory employees? 

Employers are only liable for harassment in the workplace that it knew about or should have known about, and failed to take corrective action to stop the harassment.

3. Is there personal liability for harassment or discrimination?

There is a difference regarding personal liability for alleged harassment and discrimination.  Employees can be held personally liable for harassment, but there is no personal liability for discrimination.

Any employee working for a company covered by FEHA can be held personally liable for harassment that employee engages in. However, a supervisor who did not engage in harassment and who is aware of harassment taking place but fails stop the harassment, cannot be held personally liable for aiding and abetting the harassment.  However, obviously, this will create liability for the company. 

On the other hand, supervisors are not held personally liable for discrimination or retaliation. This is because the basic job duties of a supervisor could be viewed as discriminatory, acts such as hiring, firing, and setting schedules. Therefore, the courts did not want to impose personal liability on to supervisors for their day-to-day duties. However, it is important to remember that even though the supervisor does not have personal liability for discrimination or retaliation, the employer will always be liable for any proven misconduct.

4. The avoidable consequences doctrine could reduce liability in certain cases.

Under the avoidable consequences doctrine, an employee’s damages can be limited if the employer can show that: (1) it took reasonable step to prevent harassment, (2) the employee unreasonably failed to utilize the procedures put in place by the employer to prevent harassment, and (3) had the employee used the procedure to prevent the harassment some of the damages would have been prevented. Under this defense the employer’s complaint system put in place will be challenged and viewed under high scrutiny.  Therefore it is important for employers to show that employee’s who complained in the past had their complaints properly addressed and there was never any retaliation for making the complaint.  

5. Revise sexual harassment training in 2015 to include discussion about abusive conduct.

Even though workplace bullying is not illegal under California law, a new law going into effect in 2015 amends the law requiring employers with 50 or more employees to provide sexual harassment prevention training to include a discussion about workplace bullying and abusive conduct.