Definition: Sexual Harassment Sexual harassment is a form of discrimination, in the United States, that violates Title VII of the Civil Rights Act of 1964. Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes. According to a current issues update from the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment occurs, "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." Examples of Sexual Harassment Sexual harassment can occur in a variety of situations. These are examples of sexual harassment, not intended to be all inclusive. Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments and repartee. Touching and any other bodily contact such as scratching or patting a coworker's back, grabbing an employee around the waist, or interfering with an employee's ability to move. Repeated requests for dates that are turned down or unwanted flirting. Transmitting or posting emails or pictures of a sexual or other harassment-related nature. Displaying sexually suggestive objects, pictures, or posters. Playing sexually suggestive music. When an employee complains to a supervisor, another employee, or the Human Resources office, about sexual harassment, an immediate investigation of the charge should occur. Supervisors should immediately involve Human Resources staff. Employees need to understand that they have an obligation to report sexual harassment concerns to their supervisor or the Human Resources office. Policies to Adopt to Prevent and Address Sexual Harassment Your policy handbook needs a: sexual harassment policy, general harassment policy, policy about how sexual harassment investigations are conducted in your company, and policy that forbids an employee in a supervisory role from dating a reporting employee and that details the steps required should a relationship form. I'm not a fan of non-fraternization policies. I think the workplace is one of the logical locations for people to meet and fall in love, as long as the employees engaged in the relationship follow common sense guidelines. But, dating your reporting staff is never appropriate. After creating these policies, you need to train all employees about these policies. The Role of Managers in Harassment Prevention and Investigation Managers and supervisors are the front line when it comes to managing employee performance and needs from work. First, and most importantly, you do not want a workplace culture that allows any form of harassment to occur. Out of your commitment to your employees and your company, harassment, in any form, is never to be tolerated. In harassment, as well as in other law suit-engaging topics, as an employer, demonstrating that you took appropriate steps is crucial. In fact, demonstrating that you took immediate action and that the consequences for the perpetrator were severe, is also critical. And, the front line leader is usually the person initiating and following through on those steps, so they have to feel confident about what they are doing. Any form of harassment can create a hostile work environment including sexual harassment and how it is addressed. The court's definition of what constitutes a hostile work environment has recently expanded to coworkers who are caught up in the situation, too. As you think about sexual harassment and other forms of harassment in your work place, keep these facts in mind. The employee harassing another employee can be an individual of the same sex. Sexual harassment does not imply that the perpetrator is of the opposite sex. The harasser can be the employee's supervisor, manager, customer, coworker, supplier, peer, or vendor. Any individual who is connected to the employee's work environment, can be accused of sexual harassment. The victim of sexual harassment is not just the employee who is the target of the harassment. Other employees who observe or learn about the sexual harassment can also be the victims and institute charges. Anyone who is affected by the conduct can potentially complain of sexual harassment. As an example, if a supervisor is engaged in a sexual relationship with a reporting staff member, other staff can claim harassment if they believe the supervisor treated his or her lover differently than they were treated. In the organization's sexual harassment policy, advise the potential victims that, if they experience harassment, they should tell the perpetrator to stop, that the advances or other unwanted behaviors are unwelcome. Sexual harassment can occur even when the complainant cannot demonstrate any adverse affect on his or her employment including transfers, discharge, salary decreases, and so on. When an individual experiences sexual harassment, they should use the complaint system and recommended procedures as spelled out in the sexual harassment policy of their employer. The investigation should be conducted as spelled out in the handbook. The employer has the responsibility to take each complaint of sexual harassment seriously and investigate. The investigation should follow these steps listed in How to Address Sexual Harassment Charges. Following the investigation of the harassment complaint, no retaliation is permitted, regardless of the outcome of the investigation. The employer must, in no way, treat the employee who filed the complaint differently than other employees are treated nor change his or her prior-to-thecomplaint treatment. If it is determined that the employee lied, disciplinary action is necessary, however. When an employee complains that he or she is experiencing sexual harassment of any type, the employer has a legal, ethical, and employee relations obligation to thoroughly investigate the charges. Here's How: 1. Before a complaint is filed, make sure you have posted and informed all employees of your organization’s policy relative to sexual harassment. It won’t be tolerated; it will be investigated. 2. Assign a staff member to “own” the complaint. This individual should be knowledgeable about the organization, the people in the organization, and the history of the organization. 3. Map out a plan that covers the important people and situations to investigate in the initial complaint. Basically, plan the investigation, based on current knowledge. 4. Talk with the employee who is complaining. Guarantee to the employee that he or she is safe from retaliation and took appropriate action in reporting the incident or general situation. 5. Inform the employee that you need to know immediately about any retaliation, purported retaliation, or ongoing harassment the employee experiences. 6. Ask the employee to tell you the whole story in his or her own words. Listen; take notes. Write down relevant facts such as dates, times, situations, witnesses, and anything else that seems relevant. 7. Tell the person accused that a complaint has been filed, and that no acts of retaliation or unethical actions will be tolerated. Ask the person to be patient while you conduct a thorough investigation. 8. Assure the person accused that a fair and just investigation will be conducted on their behalf as well as that of the accuser. 9. Interview any potential witnesses in the same manner. Interview any potential witnesses in the same manner. Ask open-ended questions and seek facts that support or disprove the employee’s allegations. 10. Interview the person who is accused of sexual harassment. Apply the same listening and respectful approach you accorded the person who filed the complaint and the other witnesses. 11. Take all the information you received and attempt to reach a decision. Make the best decision that you can with the information you have. Consult with other HR colleagues to do the right thing. 12. Make decisions about whether sexual harassment occurred. Provide the appropriate discipline to the appropriate people, based on your findings. Make work or assignment setting adjustments if necessary. 13. Recognize that you are not perfect, no situation can be perfectly investigated. Even when harassment may have occurred, there may be no facts or witnesses that corroborate a complainant’s statement. 14. Assure that no further incidents occur by following up, and documenting your follow-up. with the employee who made the original harassment claim. Keep documentation separate from the personnel file. 15. Afford the employee, who may have been wrongly accused, the same courtesy of follow-up and documentation. Adjust working situations fairly where necessary for the comfort and productivity of all. Tips: 1. Legally, the employer will want to avoid any possibility or appearance that the employee’s complaint was disregarded. Respond immediately. 2. Ethically, the employer will not want to allow such behavior to exist in their workplace. 3. The trust, morale, and fair treatment of employees is at stake. An employer’s actions send powerful signals about what another employee can expect in similar circumstances. 4. You may want to consider reposting and reiterating your sexual harassment policies across your whole work place. Let the circumstances guide your judgment. 5. In all cases, make sure you make and keep complete and accurate documentation. Employees who are unhappy with the results of your investigation may take additional legal action.