Understanding Sexual Harassment

While many would argue that sexual harassment and discrimination have been around for millennium, it has only been since 1976 that sexual harassment laws have come into existence in the U.S. Over the past 10-15 years, there have been a wide variety of “upgrades” in the law as more cases go before the legal system. The following is a brief overview of the current sexual harassment issues relevant to the American workplace.

SEXUAL HARASSMENT IS:

Bothering some one in a sexual way;
Behavior that may be  “unsolicited and unwelcome”
Behavior that is usually repeated and may be considered “…severe and pervasive”
Is different from an innocent mistake, off color joke, gentle (but unwanted) touch
Interferes with an individual’s ability to perform job
May be considered a form of workplace hostility/violence

Quid pro quo harassment: A person in authority, usually a supervisor, demands sexual favors of a subordinate as a condition of getting or keeping a job benefit. This behavior may be linked to an individual's terms of employment or may form the basis for employment decisions affecting the individual.

Hostile work environment: A hostile work environment arises when an employee (or outside vendor, visitor or customer) engages in unwelcome and inappropriate sexually based behavior, that is perceived as intimidation.

Physical contact
Sexual slurs, epithets, comments
Foul language (sexual or otherwise)
Comments on body parts
Constant jokes and sexual language
Pictures, drawings, magazines
Sexualized behavior at work or work-related events
Sexualized dating behavior that may be offensive to others
Inappropriate clothing/attire
Cyber-harassment or electronic harassment

Recently, it has been determined that these prohibitions may also pertain to off-site or “off-the- clock” functions as well as during work hours. The determining issue is whether the behavior negatively impacts on the working relationships within the workplace.

Also, one need not be the “victim” of the direct behavior. An individual may witness behavior between others and experience it as offensive and creating a hostile work environment. An example of this may be two co-workers are dating and their romantic talk or behavior is upsetting to another coworker. Or, someone may witness the “abuse” of a coworker who is too intimidated to do anything about it.

LIABILITY ISSUES:

While there is variance from court to court, it has been determined that an employer may be held liable for sexual harassment if it has been aware of the behavior. According to the EEOC, employers are usually deemed to know of sexual harassment if it is: (1) openly practiced in the workplace; (2) well-known among employees; or (3) brought to the employer's notice by a victim's filing a charge. Further, the EEOC will generally find an employer liable for hostile environment sexual harassment when the employer failed to establish an explicit policy against sexual harassment, and did not have a reasonably available avenue by which victims of sexual harassment could complain to someone with authority to investigate and remedy the problem.

In addition, individual employees may also be charged with a harassment complaint.

WHAT TO DO?

GUIDELINES FOR A SEXUAL HARASSMENT POLICY

Appreciate that you and your company can be held liable if your employees engage in sexual harassment
Know that any unwelcome sexual activity tied to employment decisions or benefits is sexual harassment
Recognize that sexual harassment may include jokes, vulgar language, sexual innuendoes, pornographic pictures, sexual gestures, physical grabbing or pinching, and other unwelcome or offensive physical touching or contact
Remember that every sexual harassment charge is extremely serious
Comprehend that employees who comply with unwelcome sexual advances can still be victims of sexual harassment
Realize that men as well as woman may be sexually harassed
Understand that employees may wait a while before lodging sexual harassment charges
 

COMMUNICATE POLICY 

Issue a strong policy from the CEO against sexual harassment
Provide a clear definition of sexual harassment using examples of inappropriate behavior
Review the policy with your employees on a regular basis
Discuss the policy with all new employees
Ensure that third-party suppliers and customers are aware of your sexual harassment policy

ESTABLISH PROCEDURES

Appoint a senior corporate official to oversee the implementation of the policy
Train your supervisors and managers to recognize and prevent sexual harassment
Outline procedures to use in reporting sexual harassment
Designate a personnel officer or other appropriate manager, rather than a direct supervisor, to receive sexual harassment complaints
Provide alternative routes for filing complaints
Keep all sexual harassment charges as confidential as possible
 

ENFORCE POLICY 

Make sure employees who bring charges do not face retaliation
Safeguard the rights of the accused
Investigate all sexual harassment charges quickly and thoroughly
Maintain accurate records of the investigation and the findings
Take immediate action when sexual harassment is discovered or suspected
Discipline appropriately any employee found to have engaged in sexual harassment

Behave in the workplace as you would want others to behave around your mothers, sisters and children.

Some of this material was taken from: Sexual Harassment in the Workplace: A Primer By Barry Roberts and Richard Mann at www3.uakron.edu/lawrev/robert1.html There are many other good sites to get more information and sample policies at www.google.com.


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