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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

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