Preventing Sexual Harassment in the Workplace

Sexual harassment exists where any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

On the federal level, Title VII of the Civil Rights Act protects employees from sexual harassment. Furthermore, individual states usually have stricter laws in regards to sexual harassment. As a business owner, you will need to familiarize yourself with the sexual harassment laws in your area.

There are two types of sexual harassment:
  • Quid Pro Quo Harassment: Quid pro quo (Latin meaning, "this for that") harassment occurs when a decision regarding employment depends on whether or not the employee submits to sexual conduct. A single incident is enough to establish quid pro quo harassment.
  • Hostile Environment Harassment: Hostile environment harassment occurs when sexual comments or unwelcome physical contact contribute to create a hostile or offensive environment for an employee. For a hostile environment to legally exist, the comments or physical contact must occur on a regular basis.

Identifying Sexual Harassment in the Small Business Environment

In instances of both quid pro quo harassment and hostile environment harassment, the main identifying factor is that the sexual harassment behavior is "unwanted by the recipient."

The fact that employees' and business managers' perceptions of what constitutes sexual harassment may differ considerably is irrelevant in cases of sexual harassment. If a member of staff reports a fellow member of staff for sexual harassment, then you, as a business manager, need to investigate the accusation, immediately.

The Impact of Sexual Harassment on Your Small Business

Sexual harassment can have a huge impact on your employees' performance and productivity. Morale among staff will plummet and stress levels will soar. Victims of sexual harassment may feel they have no option but to resign and/or take their case to a federal agency. The costs in terms of settlements and bad publicity could damage your small business irretrievably.

And what about the implications for the small business owner in cases of staff sexual harassment? In short, employers are liable for their employees' actions in cases of sexual harassment, even if they are unaware of their employees' behavior.

The best way to avoid a situation entirely is to foster a work environment that's free of harassment and hostility and hire a carefully-selected staff that you trust.

Preventing Sexual Harassment

An incident of sexual harassment can have devastating financial implications, not to mention the damage that sexual harassment can do to the credibility of your business. Sexual harassment also often has irretrievably damaging affects on the victim.

Therefore, it is in your business' best interests to take precautionary measures to prevent sexual harassment from occurring, both for the security of your business and the safety of your employees. Here's how:
  1. Introduce a prevention of sexual harassment policy. The sexual harassment policy should include the most current definition of sexual harassment, along with an explanation of the types of behavior that are regarded as sexual harassment.

  2. Familiarize all employees, including contract and agency staff, with your business' sexual harassment policy. The policy should emphasize to each member of staff that your business will not tolerate any form of sexual harassment however "innocent" the action may appear to individual members of staff. Note in the policy that offensive emails and notices, as well as verbal and embarrassing sexual comments and behavior, even at your business' social functions, all constitute potential sexual harassment.

  3. Develop an on-going sexual harassment policy training program for all your employees. Reinforce the policy that all members of staff have the right to be treated with respect and dignity, irrespective of sexual orientation, ethnicity or gender. Run through your business' policy and procedures for reporting sexual harassment.

  4. Make it known to all employees that your business operates a zero tolerance policy regarding intimidating or sexually humiliating behavior. The policy should also draw your employees' attention to the legal implications of sexual harassment.

  5. Hold regular "refresher" meetings with all employees to restate your business' policy on sexual harassment. Focus on the effect that an incidence of sexual harassment can have, not only on the victim but also the public image of your business.

  6. Update your sexual harassment policy regularly to include new legislation and its implications for employees.

  7. Make copies of your sexual harassment policy readily available to all employees. Publish the sexual harassment policy on the company's intranet. Give all new members of staff a copy of your policy.

  8. Let your staff know in your policy that all complaints of sexual harassment will be thoroughly investigated and dealt with in a sensitive and timely manner.

  9. Conduct regular risk assessments to identify those members of staff who may be particularly vulnerable to sexual harassment; offer support accordingly.

  10. As a business owner or manager, one of the best ways of preventing sexual harassment is to lead by example. Demonstrate that sexual harassment will not be tolerated, that all allegations will be dealt with appropriately, and that substantiated allegations of sexual harassment will result in suspension or termination.Treat employees with professionalism and respect, even during social times.
All businesses are advised to follow Equal Employment Opportunity Commission (EEOC) policy guidelines and procedures for investigating and reporting allegations of sexual harassment.

Procedures for Handling Sexual Harassment: Your Small Business Policy

All employers should have clearly defined, informal and formal procedures in place for reporting and investigating allegations of sexual harassment. Do not wait until an allegation of sexual harassment arises. Make no assumptions that your small business is too small to be involved in a case of sexual harassment; even the smallest of businesses are vulnerable.

Step-by-Step Procedures Investigating Sexual Harassment

  1. The victim should be given the opportunity to make a formal complaint to a manager, or if the manager is the alleged perpetrator of sexual harassment, to another member of staff of suitable seniority and integrity.

  2. Ensure that all aspects of sexual harassment allegations are carefully investigated, verified and documented.

  3. Members of staff involved should be kept fully informed at each stage of the investigation into sexual harassment.

  4. During the investigations into sexual harassment, both victim and alleged perpetrator should be given guidance on how to present their evidence of sexual harassment.

  5. If the investigations confirm sexual harassment, then you, as the owner, will need to take the appropriate disciplinary action against the employees involved.

  6. Keep all information confidential.
Above all, it’s important to maintain a work environment that is friendly and professional, and as much as possible, hire staff you trust. Many incidents of sexual harassment occur when employees are out socially, so keep this in mind during company happy hours and holiday parties. With the right staff, it’s easy to maintain the balance between professionalism and fun—in which sexual harassment plays no part.