Preventing Sexual Harassment in the
Workplace
As an employer, you have a responsibility to
maintain a workplace that is free of sexual harassment. This is your
legal obligation, but it also makes good business sense. If you
allow sexual harassment to flourish in the workplace, you will pay a
high price in terms of poor employee morale, low productivity, and
lawsuits.
The same laws that prohibit gender
discrimination prohibit sexual harassment. Title VII of the civil
rights act is the main federal law that prohibits sexual harassment.
In addition, each state has its own anti-sexual harassment law.
What Is Sexual Harassment?
Sexual harassment is any unwelcome sexual
advance or conduct on the job that creates an intimidating, hostile,
or offensive working environment. Any conduct of a sexual nature
that makes an employee uncomfortable has the potential to be sexual
harassment.
Given this broad definition, it is not
surprising that sexual harassment comes in many forms. The
following are all examples of sexual harassment:
- A sales clerk makes demeaning comments
about female/male customers to coworkers.
- An office manager is made uncomfortable by
coworkers who regularly tell explicit jokes.
- A cashier at a store makes physical
contact with a coworker against their will.
- Employee sends emails to coworkers that
contain sexually explicit language and jokes.
The Harasser can be the victim’s supervisor,
manager, or coworker. An employer may even be liable for harassment
by a non-employee (such as a vendor or customer).
Anyone Can Be Sexually Harassed
Sexual harassment is a gender-neutral offense,
at least in theory; Men can sexually harass women, and women can
sexually harass men. However, statistics show that the overwhelming
majority of sexual harassment claims and charges are brought by
women claiming that they were sexually harassed by men.
People of the same sex can also sexually harass
each other, as long as the harassment is of a heterosexual nature.
Whether sexual harassment of gays and lesbians is illegal under
Title VII is an open question currently. The U.S. Supreme Court has
never addressed the issue, and lower federal and state courts are
inconsistent with their decisions. Employers should assume that
this type of sexual harassment is illegal.
Strategies for Prevention
There are a number of steps that you can take
to reduce the risk of sexual harassment occurring in your workplace.
Although you may not be able to take all of the steps listed below,
you should take as many of them as you can.
• Adopt a clear sexual harassment policy
in your Employee Handbook
• Train Employees:
At least once a year, conduct training sessions
for employees to teach employees what sexual harassment is, review
the complaint procedure.
• Train Supervisors and Mangers:
At least once a year, conduct training sessions
for supervisors and managers that are separate from the employee
sessions. Educate them about sexual harassment and explain the
complaint procedures.
• Monitor your workplace:
Get out among your employees periodically.
Talk to them about the work environment. Ask for their input. Look
around the workplace. Do you see any offensive posters or notes?
Talk to your supervisors and managers. Keep the lines of
communication open.
• Take all complaints seriously:
If someone complains about sexual
harassment, act immediately to investigate the complaint. If the
complaint is valid, your response should be swift and effective.
Consult a labor lawyer for advice.
Government Agency:
The U.S. Equal Employment Opportunity
Commission is the federal agency that enforces sexual harassment
laws. To learn more about sexual harassment, refer to the agency’s
website at
www.eeoc.gov
Source: Attorney Lisa Guerin
Website: HRTools.com
Back To Top
Hoffman Brown
Company is here to serve your
insurance needs.
