Sexual Harassment Policy and Procedures Protect Employers and Workers
January 27, 2007
Maintaining a workplace that is free of sexual harassment is a legal mandate
for all but the smallest of companies. For every employer, it's also a wise
business practice--one that heightens employee morale, optimizes productivity
and helps avoid costly and time-consuming lawsuits.
Sexual harassment, as defined by the U.S. Equal Employment Opportunity Commission (EEOC), includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual's employment, interferes unreasonably with work performance or creates an intimidating, hostile, or offensive work environment. Federal law regarding sexual harassment applies to employers with 15 or more employees, employment agencies and labor organizations, as well as to local, state and the federal government. States may have their own laws that mirror or go beyond the federal law.
Sexual harassment is gender-neutral: The harasser and the victim may be male or female, and both parties may be the same sex. The harasser may be the victim's supervisor or a supervisor in another area, the employer's agent, a co-worker or a non-employee. Anyone affected by the offensive conduct also can be a victim.
U.S. Supreme Court rulings on sexual harassment cases in 1998 strongly encourge workers who believe they are victims to go through their employer's internal grievance process before starting legal proceedings. Businesses are strongly encouraged to implement sexual harassment training and have workers sign off on a written company policy. "The Court put the onus on both parties' shoulders," says Virginia Bianco-Mathis, Ph. D., a specialist in human and organizational behavior. "Companies will want to follow the Court's advice in order to send a positive message to current and potential employees as well as to avoid the potential for substantial jeopardy."
In managing sexual harassment issues, employers will want to do the following:
- Establish a policy that defines sexual harassment; has zero tolerance for the behavior, false claims and retaliation; and explains the need for prompt reporting, procedures for investigating complaints, and possible outcomes
- Ensure appropriate training as well as guidelines for reporting
- Take prompt action to investigate harassment in accordance with written policy
- Reach a conclusion
- Implement appropriate level of discipline
Examples of sexual harassment policies are readily available though the Society for Human Resources Management (www.shrm.org) and CCH Business Owners' Tool Kit (www.toolkit.cch.com/tools).
The process of investigating a sexual harassment accusation, however, can be fraught with difficulty. Especially in today's highly diverse workplace, where cultural practices may unwittingly clash. Therefore employers will want to proceed with caution:
- Protect the reputations of all parties.
- Consider cultural background.
- Limit access to files, and keep all discussions confidential.
- Counsel individuals appropriately.
- Avoid leading questions, intimidation and accusations.
- Focus on behaviors.
- Don't disparage
Depending on the case, it may be prudent to refer workers to the EAP and also enlist the services of an outside investigator. It also may be wise to bring in an educator to provide sexual harassment training. "A trainer other than an HR person may better engage the workers and make them feel freer to raise certain topics," Bianco-Mathis reports. "Also, an objective party can be expected to take a more balanced approach."
According to Bianco-Mathis, 60 percent of incidences where people feel 'uncomfortable' and think they were victims of sexual harassment prove to be misunderstandings, situations people regret or a case of blowing things out of proportion. In many instances, the purported harassment begins at conventions and holiday parties. "We all need to learn to say, 'Stop, that makes me uncomfortable,'" she explains. "Of course, workers also need to know they are protected by their workplace's policy even off-site at a company-sponsored event."
Inova Workplace Health Services assists employers in providing sexual harassment training. For information, contact Jeff Carr at 703-321-2555 or Jeffrey.Carr@inova.org.
Articles are written by professional journalists, who strive to present reliable health information. They are not intended to be a substitute for medical care and advice.
