Sexual Harassment in the Workplace

Definition

What is sexual harassment?

– Sexual harassment has been defined by the Equal Employment Opportunity Commission (EEOC), as well as the courts, to be any:

unwelcome sexual advances

requests for sexual favors

other verbal or physical conduct of a sexual nature

Statistics

In Fiscal Year 2007, Equal Employment Opportunity Commissions (EEOC) received 12,510 charges of sexual harassment.

16% of those claims were filled by males.

11,592 sexual harassment charges were resolved.

EEOC recovered $49.9 million in monetary benefits for charging parties and other aggrieved individuals.

95% of sexual harassment cases go unreported.

Victims of Sexual Harassment

Men or Women– Both men and women can be victims of sexual

harassment. Anyone being sexually harassed, regardless of gender, should know that the law protects them and should feel encouraged to take appropriate action.

The Federal Government surveyed its own employees and found that:– 42% of women and 15% of men experienced some

extent of work related sexual harassment.

Types of Sexual Harassment

Quid Pro Quo (Latin: something for something)

Hostile Environment

Quid Pro Quo:– Employer is liable even if the employer did not

know about the conduct.

Hostile Environment:– Employer will be liable for harassment by

managers, supervisors, co-workers, and third parties (e.g. clients) if it knew or should have known about the harassment and failed to take prompt, appropriate, corrective action.

Liability

Sexual Harassment and Staffing Firms

Problems for Staffing Firms Staffing firms and clients are viewed as joint

employers. Claims of harassment by temporary

employees are often difficult to investigate. Temporary employees often feel vulnerable. Staffing firms desire to maintain good client

relations can interfere.

Employer Responsibilities

Any employee or applicant who:

– Reports an occurrence of sexual harassment will be informed that an investigation will be conducted and that appropriate corrective action will be taken.

Employee Responsibilities

Any employee or applicant who:

– Feels sexually harassed or who knows of or suspects the occurrence of sexual harassment is responsible for informing their direct supervisor immediately.

Do’s and Don’ts of Sexual Harassment

Do Admit that a problem exists Tell the offender specifically

what you find offensive Tell the offender that his or

her behavior is bothering you

Say specifically what you want or don’t want to happen, such as “please call me by my name not Honey,” or “please don’t tell that kind of joke in front of me.”

Don't Blame yourself for

someone else’s behavior, unless it truly is inoffensive

Choose to ignore the behavior, unless it is truly inoffensive

Try to handle any severe or recurring harassment problem by yourself -- get help.

Prevention

Preventive Measures to Reduce Potential Liability

Develop a written policy. Ensure harassment complaints are reported

immediately. Investigate Consider advising clients of their joint employer

status. Avoid assigning temporary workers to repeat

offenders. Conduct exit interviews with employees.

Summary

Reports of sexual harassment have increased at a 40% annual rate since 1992.

The effects of sexual harassment claims eat into profits, ultimately reducing benefits, salaries, etc.

If you are a victim of sexual harassment it is imperative that the claim is reported immediately to your direct supervisor.

Avoid sexual harassment claims by watching what you say and watching what you do.

An effective tool to preventing sexual harassment in the workplace is to conduct annual training sessions with managers, supervisors and employees, educating each on the Do’s and Don’ts of sexual harassment.