Employers are responsible for ensuring a workplace free from sexual harassment. Not only is it your legal duty, but it’s also good business practice. The cost of allowing sexual harassment to thrive in the workplace will be high in terms of low employee morale, low productivity, and lawsuits against your business.
Sexual harassment is prohibited by the same laws that prohibit gender discrimination. The Civil Rights Act, Title VII, prohibits sexual harassment as a fundamental federal law. States also have their own anti-sexual harassment laws. Several strategies are provided in this article to prevent sexual harassment.
Sexual Harassment
Any unsolicited sexual advance or behavior on the job that fosters an uncomfortable, unpleasant, or irritating working environment is referred to as sexual harassment. Sexual harassment can be defined as any sexual attitude that makes an employee feel uncomfortable.
Forms of Sexual Harassment:
As a result of this broad definition, it should come as no surprise that there are many types of sexual harassment. Here are some examples:
- Supervisors tell employees that they must sleep with them to keep their jobs.
- Coworkers hear derogatory remarks about female customers from a clerk.
- An employee at a store presses and fondles her coworker against her will.
- The coworkers of a secretary insult and belittle her.
- A poster on an office intranet board makes sexually explicit jokes.
- Co-workers receive emails containing offensive content and jokes.
Harassment can come from managers, supervisors, or coworkers. According to the circumstances, a company may be held liable for harassment perpetrated by non-employees (e.g. a vendor, customer).
Sexual Harassment is a Gender Neutral Offense
It is theoretically possible for both men and women to harass each other making sexual harassment a gender-neutral offense. Despite this, statistics indicate that most sexual harassment claims and charges come from women alleging they were sexually harassed by men.
If a man’s coworkers constantly bombard another man co-worker with sexually explicit photos of women, this might make him uncomfortable enough to have a sexual harassment claim. Same-sex relationships may also fall under the umbrella of sexual harassment if the harassment is based on sex rather than sexual orientation, which is not protected under Title VII.
Alternatively, if a man’s coworkers mock and belittle him because he is gay, that is not considered unlawful harassment under federal law. It may, however, be illegal in certain states or cities due to their laws. Even if such behavior isn’t illegal, it’s certainly not appropriate and smart employers will take steps to stop it with immediate effect so everyone can return to work.
The line between harassment on the basis of sexual orientation and harassment on the basis of sex often blurs when gender-based stereotypes are involved. If the harasser used explicit homophobic terms and insults, they might not be protected. Employers who understand the legal ramifications, however, won’t bother parsing the fine print: This type of behavior compromises productivity and morale and serves no valid purpose, so it shouldn’t be tolerated.
How can You Prevent Sexual Harassment?
To reduce your workplace’s risk of sexual harassment, you can take a number of steps. Even though you may not be able to follow all of the steps listed below, you should try to follow as many of them as you can:
Establish a Clear Policy
You should include a sexual harassment policy in your employee handbook. A sexual harassment policy should:
- Describe what sexual harassment is
- Make it clear that you will not tolerate sexual harassment
- Punish any wrongdoers by firing or disciplining them
- Provide a clear process for reporting sexual harassment
- Ensure that you will thoroughly investigate any complaints you receive, and
- Be clear that you will not tolerate retaliation against people who complain about sexual harassment.
Make sure Employees are Trained and Educated
Conduct training sessions for employees at least once a year. Your staff should attend these training sessions to learn what sexual harassment is, learn that every employee has a right to a workplace free from sexual harassment, and be encouraged to use your complaint procedure.
Make sure Supervisors and Managers are Trained
Organize separate training sessions for supervisors and managers once a year. Managers and supervisors should be educated about sexual harassment and how to handle complaints during these sessions.
What are the Requirements for Training on Sexual Harassment?
Several states require sexual harassment training for certain employers. In California, employers with at least 50 employees must provide supervisors with interactive training on sexual harassment every two years. Sexual harassment training is also required in Connecticut and Maine.
Despite the fact that employers are not legally required to provide such training, other states strongly encourage employers to do so. It’s a good idea to train your managers, even if your state doesn’t require it: they’ll know what the law is and how to deal with complaints, and if you end up in court, you’ll be able to prove you have taken steps to prevent harassment.
Be aware of the work environment. Schedule periodic meetings with your employees. Share information with them. Listen to their opinions. Observe how the workplace is organized. Is there anything offensive posted? Discuss the situation with your supervisors. Maintain open lines of communication.
Be responsive to all complaints. Respond to a complaint of sexual harassment right away. It is imperative that you respond quickly and effectively if the complaint proves valid.