Why is it important to prevent harassment in the workplace

More than a third of women say they’ve experienced sexual harassment in the workplace, according to one report. As an employer, having a sexual harassment policy is crucial in both discouraging inappropriate behavior and protecting yourself if something happens at your workplace. Read on to understand why you need a policy and what should be included.

Why do you need an anti-harassment policy?

First, a good anti-harassment policy acts as a deterrent. With a written policy in place that forbids sexual harassment, identifies behavior that would constitute harassment, and provides employees with methods by which they can report harassment, you’re raising awareness and communicating that the practice will not be tolerated.

Second, without a comprehensive written policy, a company is opening itself up to liability. “If a company does have a procedure and the complainant failed to follow it, or the complainant did follow it and the company also followed it, those can be important defenses in a discrimination case,” says Susan Crumiller, a sexual harassment attorney and owner of Crumiller P.C. in New York City.

What should it include?

There are many ways to design a sexual harassment policy. You could start with a boilerplate example, such as this sample policy. Your policy may need to be tweaked to reflect the unique characteristics of your workplace and employees. (See also this policy on harassmentfrom the U.S. Department of State.)

Overall, there are several things you should consider including:

• A description of sexual harassment:In broad brush strokes, your policy needs to define sexual harassment. For instance, ILO’s example states, “Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated.” (There’s more to it, including examples of prohibited conduct, such as sexual comments, stories and jokes, or physical contact such as touching or pinching.)
• A realistic reporting mechanism:If all sexual harassment complaints should be reported to one supervisor—and that supervisor is the one doing the harassing—then a victim has no recourse. “I always suggest policies that include multiple avenues [for reporting],” Crumiller says. For instance, designate multiple staff members who could receive complaints, including a member of human resources.
• A planned course of action:What will happen to employees who violate the sexual harassment policy? It should be clear that they will be subject to discipline, although the extent to which you get into the details is up to you. “The policy should be pretty general on this,” says Matthew Lockaby, a labor and employment attorney in Lexington, KY. “You don’t want to get hamstrung if the same person has complained for the 30th time that year, but you do need to take every complaint seriously, and you do need to take action.” For instance, you might list the sanctions that may apply to someone who’s been found to have sexually harassed someone else, including a verbal or written warning, a transfer or a dismissal.
• A strong reporting policy:If employees feel that they are experiencing sexual harassment, they should be encouraged to report it. Managers and supervisors must take all complaints seriously, and if they witness sexual harassment, they must report it. “I advise clients to encourage their employees to report any such conduct that they’ve witnessesd and any credible accounts of such conduct,” Lockaby says. “In the end, it’s best for the employer to know than not know, and best to encourage employees to err on the side of reporting.”
• Strict anti-retaliation provisions: It must be clearly and unequivocally stated that retribution for either first-party or third-party reports will not be tolerated. Retaliation occurs when a manager (or someone else) fires, demotes or harasses someone for filing a complaint or speaking up about discrimination.
• A confidentiality clause:Although you can’t promise complete confidentiality, you can state that you’ll treat complaints as confidentially as possible and that information will be kept secure.

What else is important?

There are two vital requirements for an effective sexual harassment policy. First, the company must support and believe in it. “The most important thing a company’s sexual harassment policy must include is not within the policy itself, but an actual intention to care about eradicating sexual harassment,” Crumiller says. “A written policy means nothing if it’s not followed.”

Second, all employees must be trained effectively, on both sexual harassment prevention and on the policy itself. Because despite the procedures you’ve put in place, employees might report to the wrong people—and those people should understand how to handle that complaint and where to go with it. Supervisors must understand how to maintain confidentiality. And all employees must know not to be dismissive.

“I tell my clients, ‘Your policy is only going to be as effective as you are at implementing it,’” Lockaby says. “If you don’t respond to complaints, no one is going to take advantage of it.”

Hire the best people

Your workplace culture starts with the people you bring on board. Hiring ethical, respectful employees can help you build a supportive, non-discriminatory environment where worker feel heard and protected. This is a must for retaining talent. Get started by signing up for Monster Hiring Solutions, where you can hone your employer branding, craft the best job descriptions and get access to the best hiring advice.

Legal Disclaimer: None of the information provided herein constitutes legal advice on behalf of Monster.

As an employer, you have a responsibility to maintain a workplace that is free of sexual harassment. This is your legal obligation, but it also makes good business sense. If you allow sexual harassment to flourish in your workplace, you will pay a high price in poor employee morale, low productivity, and lawsuits.

The same laws that prohibit gender discrimination prohibit sexual harassment. Title VII of the Civil Rights Act is the main federal law that prohibits sexual harassment. (For more information on Title VII, see Nolo's article Federal Antidiscrimination Laws.) In addition, each state has its own anti-sexual harassment law.

This article explains what sexual harassment is and provides some prevention strategies. If you need more detailed information on your legal obligations, or your company has been hit with a harassment complaint, pick up a copy of The Essential Guide to Handling Workplace Harassment & Discrimination, by Deborah C. England (Nolo).

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. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment.

Given this broad definition, it is not surprising that sexual harassment comes in many forms. The following are all examples of sexual harassment:

• A supervisor implies to an employee that the employee must sleep with him to keep a job.
• A sales clerk makes demeaning comments about female customers to his coworkers.
• An office manager in a law firm is made uncomfortable by lawyers who regularly tell sexually explicit jokes.
• A cashier at a store pinches and fondles a coworker against her will.
• A secretary's coworkers belittle her and refer to her by sexist or demeaning terms.
• Several employees post sexually explicit jokes on an office intranet bulletin board.
• An employee sends emails to coworkers that contain sexually explicit language and jokes.

The harasser can be the victim's supervisor, manager, or coworker. An employer may even be liable for harassment by a nonemployee (such as a vendor or customer), depending on the circumstances.

Anyone Can Be Sexually Harassed

Sexual harassment is a gender-neutral offense, at least in theory: Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men.

People of the same sex can also sexually harass each other, as long as the harassment is based on sex rather than sexual orientation, which is not a protected characteristic under Title VII. For example, if a man's coworkers constantly bombard him with sexually explicit photos of women, and this makes him uncomfortable, he might have a sexual harassment claim. If, however, a man's coworkers tease and belittle him because he is gay, that might not be illegal harassment under federal law as it is currently interpreted. However, such conduct may be illegal under laws enacted by certain states, or even cities. (Of course, even if this type of behavior isn't illegal, it also isn't appropriate, and savvy employers will put a stop to it promptly so everyone can get back to work.)

The line between harassment based on sex and harassment based on sexual orientation becomes blurred when gender-based stereotypes are at play. For example, courts have held that Title VII is violated when a woman is harassed and discriminated against because she does not act sufficiently feminine; similarly, a man who is harassed for having effeminate mannerisms and gestures is protected by Title VII. These same employees might not be protected if their harassers relied more explicitly on homophobic slurs and remarks. Again, however, smart employers won't parse the legal details: This type of behavior detracts from productivity and morale and doesn't serve any valid purpose, so there's no reason to allow it to continue.

Strategies for Prevention

There are a number of steps that you can take to reduce the risk of sexual harassment occurring in your workplace. Although you may not be able to take all of the steps listed below, you should take as many of them as you can.

• Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment. That policy should:
  • define sexual harassment
  • state in no uncertain terms that you will not tolerate sexual harassment
  • state that you will discipline or fire any wrongdoers
  • set out a clear procedure for filing sexual harassment complaints
  • state that you will investigate fully any complaint that you receive, and
  • state that you will not tolerate retaliation against anyone who complains about sexual harassment.

• Train employees. At least once a year, conduct training sessions for employees. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment, review your complaint procedure, and encourage employees to use it.
• Train supervisors and managers. At least once a year, conduct training sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how to deal with complaints. To learn more about dealing with employee complaints, see Nolo's article Guidelines for Handling Discrimination and Harassment Complaints.

Some states require certain employers to conduct sexual harassment training. For example, California law requires employers that have at least 50 employees to provide supervisors with two hours of interactive sexual harassment training every two years. Connecticut and Maine also require sexual harassment training. And other states strongly encourage employers to provide such training, even if it isn't legally required. Even if your state doesn't require or suggest training, it's still a good idea -- your managers will know what the law is and what to do when employees complain, and, if you find yourself in a lawsuit, you'll be able to show that you took steps to try to prevent harassment.

• Monitor your workplace. Get out among your employees periodically. Talk to them about the work environment. Ask for their input. Look around the workplace itself. Do you see any offensive posters or notes? Talk to your supervisors and managers about what is going on. Keep the lines of communication open.
• Take all complaints seriously. If someone complains about sexual harassment, act immediately to investigate the complaint. If the complaint turns out to be valid, your response should be swift and effective.