What is sexual harassment? What can an organization do to prevent it?

PUBLISHER: ABSOLUTE HR SOLUTIONS

Since 1986, the Supreme Court has recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission ("EEOC") defines sexual harassment as unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual nature where:

• Compliance to such conduct is explicit or implicit as a term or condition of an employee's employment.
• An employment decision is based on an employee's acceptance or rejection of such conduct.
• Such conduct interferes with an employee's work performance or creates an intimidating, hostile or offensive workplace environment.

In order to prevent it, the company must develop a Sexual Harassment Policy. A clear, concise sexual harassment policy forms the basis for an effective prevention program. The policy should include the following:

• Clearly define sexual harassment and clearly state the company's view of sexual harassment and it's intention to eliminate all forms of sexual harassment.
• Provide a detailed list of examples of prohibited conduct.
• Outline in detail the process employees must use to file a complaint of harassment. Many organizations provide an informal and formal process. The goal of an informal process is to resolve minor offenses or misunderstandings. This allows employees to resolve issues quickly and minimize feelings of resentment, humiliation and retaliation. The complaint procedure encourages victims of harassment to come forward. The company's procedures should therefore be so specific that employees know who to contact and what to expect during the process.
• Clearly outline the responsibilities of all employees, especially management. Clearly state that managers are responsible for minimizing incidences of sexual harassment
• Clearly state what action the company will take if a determination of workplace harassment is made after an investigation. If the company wants to have varying levels of action taken, the criteria used to determine the level of action taken must also be detailed. The company should also make an appeal procedure available to both the accuser and the accused, and this process must be clearly written.
• Provide periodic education and awareness programs that emphasize the company's recognition and concern for the seriousness of the issue. Education must include outlining what constitutes sexual harassment and emphasizing that it will not be tolerated in the workplace. Make sure all employees at all levels in the organization know the policy and their obligations under the policy. Victims must be encouraged to come forward.