A topic that still sweeps the courts with high-profile cases is sexual harassment. You'd think by now that we would have evolved into a society where employees have finally figured out: Thou Shall Not Fondle, Tease, Whistle At or Proposition Thy Co-workers. But, sadly, sexual harassment is still as prevalent as ever.
A Little History Lesson...
In the 1940's, "Rosie the Riveter" had entered the workforce to help support the war efforts. In entering the "man's world," Rosie had to endure being pinched, groped, whistled at, and propositioned --"Hey, baby, how about a date?"
There were no laws in place to prevent this type of behavior. Rosie, if you wanted to work, you had to put up with this ugly nonsense. Those cases are considered egregious and unthinkable in today's standards.
Today's Personal Liability...
With laws NOW to protect employees (both women and men) from sexual harassment, Supervisors and Managers can NOW be held personally liable for their actions (or inactions to stopping the harassment). This means that a supervisor who sexually harasses, or who condones sexual harassment of his employees can lose his house, his car, his entire life savings, and, of course, his JOB. Additionally, the company is held liable for this supervisor's poor judgement, and can be sued for thousands and thousands of dollars.
Although people are more educated on this topic, it still amazes me that sexual harassment is still as pervasive as ever before.
Statistically Speaking...
Statistically speaking, 9 out of 10 women will experience some form of sexual harassment on the job. Drilling this down, it means if you have a daughter, or a wife, a mother, aunt or sister, that there's a very, very high probability that she will be (or has already been!) sexually harassed at work at some point. If that doesn't make your blood run cold, I'm not sure what would.
Statistically speaking, 9 out of 10 women will experience some form of sexual harassment on the job. Drilling this down, it means if you have a daughter, or a wife, a mother, aunt or sister, that there's a very, very high probability that she will be (or has already been!) sexually harassed at work at some point. If that doesn't make your blood run cold, I'm not sure what would.
Women aren't the only victims here. Statistically, 2 out of 10 men will also experience some form of sexual harassment on the job. Most commonly, men experience male-to-male teasing and baiting; however women sexually harassing men is not unheard of either.
"Hostile Work Environment"
What the courts see now is what is called, a "hostile work environment." This essentially means that an employee experiences a working climate where putting up with sexual jokes, innuendos, suggestive and sexual comments / discussions, is so prevalent, that it's essentially a condition of employment. In this type of an environment, in order to keep my job, I have to endure listening to sex talk, sexual jokes, inquiries about my sexual history or sexual preferences every day.
Employers, you can't put your head in the sand on this one.
You have to be proactive. This is serious stuff. Defense costs for defending your company against a claim of sexual harassment runs on the average about $150K (and that's just the beginning!)
You have to be proactive. This is serious stuff. Defense costs for defending your company against a claim of sexual harassment runs on the average about $150K (and that's just the beginning!)
Here's some suggestions:
1. Have a clearly communicated Harassment and Sexual Harassment policy (written, posted, and signed-off by all employees).
2. Train all employees on zero-tolerance to any form of harassment.
3. Train your managers and supervisors on this. Teach them what to look for, and how to handle a situation if someone comes to them with a concern. Train them each and every year!
4. Have a defined investigation process. Document all interviews. Document resolutions.
5. Don't take this lightly. You letting the person off with a stern warning will not necessarily protect you. Zero tolerance means ZERO tolerance (not degrees of tolerance).
6. Consider looking into Employment Practices Liability Insurance (EPLI) to help insure your company against legal fees related to someone's bad behavior on the job.
6. Consider looking into Employment Practices Liability Insurance (EPLI) to help insure your company against legal fees related to someone's bad behavior on the job.
Summary: Even though harassment in the workplace is less "egregious" and "outlandish" it doesn't mean that it's gone away. In fact, sexual harassment has taken more of a subtle, suggestive and pervasive appearance, called "Hostile Work Environment."
The courts use a "Reasonable Person" standard to decide the fate of a company who didn't take immediate action when sexual harassment occurred. I don't know about you, but I'm not at all comfortable relying on a "Reasonable Person" to decide how much harassment will cost my business.
Kathleen Lapekas - PHR
Action HR Consulting
For Personal Attention to Personnel Matters...
Once again, another great blog. So informative for small businesses.
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