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Sexual Harassment in the Workplace: 5 Things You Need to Know
Small companies can be friendly environments. Sometimes a little too friendly. How to deal with -- and prevent -- sexual harassment in the workplace.
Posted 5/ 10 10 at 9:00 AM | 5 Things You Need to Know, Management, Leadership, Legal Issues
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Sexual harassment lawsuits can be an entrepreneur's worst nightmare. In addition to the disruption to your business and the resulting financial costs, the damage to your business's reputation could be irreparable. Unfortunately, the potential for inappropriate and even unlawful behavior in the workplace is all too common -- especially at smaller and often close-knit companies. "Employees often forge friendships outside of work, and that can be a hotbed for a harassment claim," says Jamie Resker, founder and president of Employee Performance Solutions, a Boston-based HR consulting firm. "One person misreads the signals of his co-worker, perhaps alcohol was involved, and it all makes for a very uncomfortable Monday morning back in the office." So what are the best ways to deal with -- or better yet, prevent -- these scenarios? Here are five things you need to know.1
Understand what sexual harassment is.
The U.S. Equal Employment Opportunity Commission spells it out quite clearly: "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." Additional details and a fact sheet can be found on the EEOC website.
2
Create an anti-harassment policy.
Every business should have a formal, official policy against sexual harassment in the workplace. "One of the laws that applies to all organizations is Title VII of the Civil Rights Act of 1964, which among other things, prohibits sexual harassment," Resker says. "Employers must show that they took reasonable care in preventing sexual harassment, so at a minimum, an anti-sexual harassment policy should be in place." In no uncertain terms, your policy should define what sexual harassment is, designate how complaints should be filed and investigated, and explain the consequences of unlawful behavior. The EEOC website provides detailed information regarding laws and regulations.
3
Set the right example.
Even small, casual, startup environments need to treat the issue seriously. "Make a point to walk the talk and be the picture of professionalism yourself," Resker says. "Make it clear that crude jokes and sexual innuendos aren't right for your organization and are best employed for the outside of work circle of friends." The lines of professionalism can easily blur when friendships extend outside of work, so stay aware of the potential for problems and take steps to ensure you do your part to inform employees.
4
If a situation occurs, take action immediately.
As soon as a complaint is filed or a situation is witnessed, it's time to initiate an investigation, as stated in your anti-harassment policy. "Gather all of the relevant facts," Resker says. "This means interviewing all of the parties involved." FindLaw's detailed "Checklist for Sexual Harassment Investigations" can help guide you in the process and ensure your approach is fair, complete, consistent, and confidential. Never overlook an incident that crosses the line.
5
Work toward prevention.
If you want to minimize the risk of sexual harassment at your company, prevention is an important step. In addition to creating a policy and setting the right example, "make it comfortable for people to report an incident," Resker says. "Publicize the process for doing so." You can also schedule sexual harassment training for supervisors -- in fact, some states, like California, even require it.
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Comments (Page 1 of 1)
There's no way to protect yourself from a lying femail employee. The EEOC will destroy the reputation of the company. Then when it's proven that there wasn't any sexual harassment they will protect the woman who lied. Happened 3x to our company. The third time the woman was taped saying "I'm the third one and they will believe anything I say because I'm the third." We could do nothing. This country is doomed.
I agree with Robert Copeland, I also worked for a company that every incompetent person that was fired suddenly was sexually harassed. Thats why when I owned a restaurant I had insurance protecting me from such frivolous lawsuits
I agree 100%...these females create situations just to file a complaint. Most are lying bitches!
I was a senior exec. at an international company, and my experiences was always that the female was the aggressor in frivilous actions in the office confines. I had so many come on's in my travels both within and outside the US, I became adept in brushing off attentions from female employees. Drop the feminine side of the issue, and cover the truth. Nothing like a well dressed, affluent man being the subject of attention. It hurts ladies, but it is the truth!
I agree with above comments that people will lie just to get compensation. yet, speaking from expereince, it goes both ways: harassed by a senior executive of a company, I left as there was nothing I could do. However, did leave with a complaint to HR, of course, nothing was done.
In my view, harassment of any kind (based on sex, race, religion..etc )affects 'ANYONE'. It doesn't change the base nature of the problem whether is male harassing a female or viceversa, sexual harassment may come also from same sex people. Harassment is simply making someone's life miserable by creating a hostile environment for that person. It needs to be addressed either way, companies are better served not to turn a blind eye to it whatever form it takes, and a good working policy so the frivolous complaints/lawsuits can be weeded out and taken care of.
This is a biased article. They said one person misreads HIS co-workers signals. Meaning the harrasser is a male. Just keep the women working at home raising the family while the men work away from home and problem solved. First women demanded that they be allowed everywhere a man is and then once they are there they fight to change the rules. Most sexual harrassment claims are when someone tell an off color joke and the woman hears. This society is too litigous. Any chance to sue and they are on it quickly. Women use their sex to get everything they want including sympathy. If women want to do all the things that men do, then take it like a man and shut up or quit.