Riddle: What do sport teams, the armed forces, large corporations, small businesses, municipalities, politics, schools - kindergarten to universities, and unions have in common?

Answer: Charges of sexual harassment.

It doesn’t matter what type of organization people are working for or learning in, potential for sexual harassment is present whenever one individual has some type of power over another. Not only is sexual harassment intolerable, it’s illegal and expensive. Often the pain and public embarrassment brought on by the allegations are more devastating for these organizations than the large financial penalties they are fined. It’s just good business sense to take a stand of non-tolerance and to monitor company practices to ensure compliance. So what is your firm doing about prevention of sexual harassment?

Why Do Anything?

Sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964 and, it’s just bad for business. As the number of women in the workforce continues to grow, not only is it detrimental to recruiting and retention efforts to have these claims raised, but it also sends a strong message about company values to the business community.

What is Sexual Harrassment?

The federal courts have recognized two basic types of sexual harassment: "Quid pro quo" - requiring an employee to engage in some type of sexual activity as a condition of employment, and "hostile environment" - a pervasive pattern of unwelcome sexually related conduct in the workplace that creates an intimidating, offensive or hostile work environment. Hostile environment is the most common type of complaint and may occur even if the conduct involves no physical touching, was directed at someone else other than the complainant, and was displayed by someone other than the supervisor.

What Can You Do?

1. Establish a specific anti-harassment policy - a general anti-discriminatory policy is not sufficient.
2. Establish a credible grievance process - it is critical to allow employees the opportunity to bypass their supervisors, and to include women among those to whom complaints of harassment can be reported.
3. Conduct supervisory training - include not only the legal definition and ramifications of sexual harassment but also explain their role in responding to it.
4. Demonstrate strong commitment to employees - allow top management to express and demonstrate commitment and to advise employees of their rights.
5. Establish investigatory guidelines - the core of which must be confidentiality.
6. Establish an EEO committee - responsible to investigate and determine the veracity of claims. Provide training and be sensitive to the "reasonable woman" test.
7. Use attitude surveys and exit interviews to ascertain whether there are latent instances of sexual harassment that have gone unreported.

Employers taking these proactive steps will be less likely to be sued, and if sued, the prevention program and spirit of commitment may very well serve as a shield against liability.

© Debbie King, Evolution Management, Inc.  All Rights Reserved.