Sexual harassment is widespread in many work settings, and most victims of this illegal behavior are women. Statistics show that approximately one in every four women experiences workplace sexual harassment at least once.
Sexual harassment incidences at work have an overarching impact on almost everything, including employees’ morale, employer reputation, and company finances.
For instance, in 2019, EEOC (Equal Employment Opportunity Commission) handled more than 7,514 sexual harassment claims that resulted in direct settlements of 68 million dollars.
Note that this amount doesn’t include the legal costs. Meaning even if the case doesn’t result in settlement to the victim, it will still cost your company a significant amount of money.
In 2016, Twenty-First Century Fox company paid $20 million in settlement to Gretchen Carlson, an ex-Fox broadcaster, following a sexual harassment claim against Roger Ailes, a former Fox News CEO.
Besides the settlement, the defendant apologized to Carlson and praised her work at the organization, indicating that she practiced high standards of professionalism and journalism.
Establishing a solid prevention program is the best way to avoid workplace sexual harassment cases.
What Is Sexual Harassment?
According to EEOC, sexual harassment includes:
- Unwelcome sexual advances
- Request for sexual favors
- Verbal and physical behaviors of sexual nature
These sexual, verbal, or physical conducts interfere with an employees’ work performance and create a hostile, offensive, or intimidating work environment.
In addition, rejecting or accepting such conduct is perceived to impact employment decisions concerning the victim.
Sexual harassment occurs in different circumstances. For example, a harasser can be a direct manager, co-worker, colleague, or indirect supervisor who targets both genders.
Quid Pro Quo Harassment
In Quid pro quo sexual harassment, the manager or supervisor suggests that the employee’s employment decisions such as promotion, raise, hiring, or firing will be based on the victim’s submission or rejection of sexual advances. For example, a manager may offer a promotion in exchange for sex.
Quid pro quo lawsuits occur infrequently, but they often attract large jury verdicts when they do.
Hostile Work Environment
A hostile work environment is a type of sexual harassment that includes:
- Sexual banter
- Uploading inappropriate picture
- Bad language
- Sexual horseplay
- Sexual teasing
This claim is only valid if the illegal conduct is so severe to the extent it affects the terms and conditions of the victim’s work. You might not be aware of such behaviors within your company since most harassers don’t engage in the presence of their boss.
Is Sexual Harassment Training Legally Required?
In some states such as California, Maine, New Jersey, and Connecticut, an employer must offer training to employees, supervisors, and managers on sexual harassment.
While training isn’t mandatory everywhere, if your company doesn’t offer it, you are at more risk of being seen as not making “good faith efforts” to prevent sexual harassment. As a result, a sexual harassment suit against one of your employees would also impact your company.
What Are the Best Practices for Avoiding a Lawsuit?
You will not be held liable in a sexual harassment lawsuit if you make “good faith efforts” to comply with anti-discrimination law. However, you may still be held responsible for compensatory and economic damages.
According to EEOC, “good faith efforts” are actions you can take to carry out your EEO/AA (Equal employment opportunity and affirmative action) responsibilities.
The EEOC also explains what constitutes best practices.
Zero-Tolerance Culture
Explaining improper workplace conduct and mentioning the consequences for harassers is vital in sexual harassment prevention. However, developing a zero-tolerance culture against sexual harassment could bear even better results.
Don’t base your zero-tolerance policy on the fear of court cases only. Instead, think of a company culture that fights harassment because it’s wrong, unethical, inefficient, and a distraction from work. Build a culture where;
- Employees barely feel the need to harass since they are members of a great team
- Managers, supervisors, and employees police themselves and colleagues to avoid the illegal sexual conduct
- Victims are encouraged to report and address any complaints out of court.
Accountable Leadership
Senior leaders should act in a manner that demonstrates the importance of respecting everyone in the company. They should work towards creating and improving your company culture through;
- Allocating resources, including funds for successful sexual harassment prevention strategies
- Developing a clear and comprehensive harassment policy
- Identifying, minimizing, or eliminating harassment risk factors
- Conducting thorough investigations in case of a sexual harassment complaint
- Ensuring that offenders suffer consequences of their actions
- Developing a straightforward procedure for reporting sexual harassment claims
- Protecting victims from retaliation
- Evaluating the effectiveness of the company’s harassment prevention strategies
Comprehensive Harassment Policy
Including a comprehensive harassment policy in your employee handbook is an excellent harassment prevention strategy. Your company’s policy should;
- Explain sexual harassment, including examples of prohibited conduct
- State zero tolerance to sexual harassment and explain that the rules apply to senior and junior employees
- Describe sexual harassment reporting avenues and procedures
- State that your company prohibits retaliation against the victim
- Set out clear guidelines for investigations and disciplining the offenders
Ensure that you write and communicate your harassment policy in an easy-to-understand format and translate it into different languages your employees use.
Accessible Complaint System
An accessible complaint system ensures that all sexual harassment complaints are reported and solved internally. It is also an essential part of your legal defense in a harassment lawsuit.
More importantly, with an accessible internal complaint procedure, the victim never files a lawsuit since the claim is resolved fairly. Therefore, ensure that your policy clearly states complaint procedures that lack irrational obstacles.
In addition, choose several individuals, preferably high-level managers or outsourced human resource managers, to handle the complaints.
Effective Harassment Training
Conduct competent harassment training of employees, supervisors, and managers at least once per year. Educate them on your company’s sexual harassment policy, rules, consequences, and complaint procedures.
Offer training tailored to your audience and consider the unique features of your workforce, workplace, and work.
Extra training for managers and supervisors is vital. Educate them on preventing, recognizing, and handling sexual harassment within the organization.
Conclusion
Building a workplace culture that is supportive, respectful, and free of harassment boosts employee well-being, increases day-to-day productivity, and protects the company’s reputation.
A solid preventive sexual harassment program is crucial to ensuring that managers and employees learn what sexual harassment is, understand reporting procedures and feel safe when reporting sexual misconduct.
