All employers, large and small, should have a Sexual Harassment Policy for addressing workplace claims. Sexual harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. Employers should understand what actions constitute sexual harassment and be prepared to implement workplace prevention strategies.
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. Sexual harassment may, but does not have to, involve "sex" for work favors. Instead, any conduct of a sexual nature that makes an employee uncomfortable has the potential to be considered sexual harassment.
Who Can Harass?
The perpetrator of sexual harassment can be anyone in the organization- a supervisor, manager, or coworker. In certain circumstances, a non-employee, including a client or a vendor, may be a harasser for which an employer could have liability.
Who Can Be Sexually Harassed?
For purposes of employer sexual harassment policies, anyone can be sexually harassed. Both men and women may be harassed by either men or women. Sexual harassment is not gender-specific.
What Can An Employer Do?
An employer should make sure not to have a workplace culture that allows any kind of harassment to occur. The strict, communicated policy is that harassment, any form, is never tolerated. Once an employer learns, or should have learned, of a sexual harassment complaint, the employer must act to address the claim. Before claims are made, an employer should
- Have a written Sexual Harassment Policy. The policy should address the employers' position on harassment and should be distributed to all employees.
- Train employees on the Policy. Training should take place upon initial employment and periodically thereafter.
- Implement a grievance procedure. Employees who have an issue must know how to raise the concern to management.
- Investigate claims promptly. If an employer knows of, or has concern about, a potential violation, the issue must be addressed quickly.
Sexual Harassment claims can be sensitive issues in the workplace. However, employers cannot ignore potential sexual harassment claims and must be prepared to address concerns, even before they start.
