Written Policy.
The policy should explain what sexual harassment is. It should give a
variety of examples that make it clear that sexual harassment can take
many different forms: unwanted physical contact; efforts to trade sex
for employment-related benefits; lewd language or offensive jokes,
pictures, drawings, or graffiti; or any combination. It should explain
that the harasser’s intent does not determine whether the conduct is
sexual harassment. Whether behavior is sexual harassment depends on how
the victim experiences it, not whether the perpetrator intended to
harass. It should state that male and female workers can be victims of
sexual harassment by harassers of either gender.
The policy should be written in a way that will communicate well and be
understood by the average worker. It should avoid legal jargon. It
should be translated into languages other than English if there are
workers whose command of English is deficient.
Complaint Procedure and Penalties. The policy should tell workers: how
to file a complaint, providing model complaint forms; where to file a
complaint, identifying several persons on staff designated to receive
complaints. It should explain what happens during the investigation and
what happens after the investigation, identifying who is responsible for
making the final determination of whether sexual harassment occurred;
what the possible penalties are, as well as who imposes penalties for
sexual harassment and whether the complaining party has the right to
know what penalty the employer has decided to impose; and how to appeal
the employer’s findings.
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Retaliation. The policy should strongly prohibit retaliation, giving
examples of what retaliation is. It should state that retaliation
against complaining parties or witnesses will be taken as seriously as
harassment itself.
Fairness and Safeguards. The policy should protect the rights of all
persons involved. It should assure confidentiality to the extent
possible.
Publicizing the Policy. It’s no good to have a written policy if
employees can later claim they never saw it. Each new hire should be
given a copy of the policy and sign a receipt stating he or she has read
and understands it. But too many employers leave it at that. If you want
employees to remember the policy and to understand that you are serious
about it, there must be ongoing exposure. Make available a brochure or
pamphlet that summarizes the policy.
Periodically remind employees about the policy through memos, articles
in employee newsletters, in employee meetings, or some other means that
you regularly use for communication. Use posters about the policy and
sexual harassment on employee bulletin boards; they should summarize the
policy and state how to obtain further information.
Training. Training and retraining that explains sexual harassment and
its impact on the workplace environment are essential for preventing
harassment and should be provided on an ongoing basis.
The U.S. Supreme Court ruled in 1998 that where the employer has and
communicates a proper policy forbidding sexual harassment and a
reasonable procedure through which employees who believe they have been
harassed can make complaints and have them investigated, an employee who
believes he or she has been harassed must use the employer’s procedure
rather than filing a lawsuit. The purpose of sexual harassment law, the
court said, is not for the courts to intervene between employers and
employees. Rather, the purpose is to encourage employers to take steps
to prevent sexual harassment and remedy it if occurs. That’s why the
steps the employer takes to prevent and remedy it are crucial to the
question of liability.
In contrast to widespread misconceptions, sexual harassment is not the
use of occasional off-color language, telling a few dirty jokes,
complimenting a member of the opposite sex on his or her appearance, a
single incident of mildly inappropriate touching, or other behavior that
might make some people uncomfortable or upset. The courts have generally
held that everyone has to put up with a certain amount of behavior in
the workplace that he or she finds unpleasant or even offensive. Sexual
harassment is behavior that is so severe or so pervasive that it
deprives the victim of the same opportunities for economic success that
are enjoyed by someone who has not experienced such harassment.
This does not mean, however, that employers should ignore reports of
behavior that is based on sex and is inappropriate, unprofessional,
disrespectful, and/or offensive. It’s impossible to make black and white
rules as to exactly when a line is crossed between merely offensive
behavior and behavior that is so severe or pervasive it would interfere
with the ability of any reasonable person to perform his or her job. For
this reason, many experts suggest training that helps employees
understand that certain behavior—whether it is technically sexual
harassment or not—is high risk and inappropriate in any work-related
setting.
Copyright 2004
About the Author
Myron Curry is President and CEO of BusinessTrainingMedia.com a leading
provider of workforce and business development training programs
designed exclusively for corporate deployment. Myron has over 20 years
of successful management experience with leading fortune 500 companies
and has written numerous articles about workforce management issues. You
can contact Myron at:
myron@business-marketing.com
or visit his company's website http://www.businesstrainingmedia.com
