Professional Documents
Culture Documents
Sexual harassment is only one type of harassment, and it, along with all other forms
of harassment, should not be allowed in your workplace.
Harassment of any kind has no place in the workplace. If you're an employer subject to federal anti-discrimination
laws, you have a legal obligation to provide a work environment that is free from intimidation, insult, or ridicule based
on race, color, religion, gender, or national origin. You must also be concerned with preventing harassment because
you can sometimes be sued in state courts, depending on your state's anti-discrimination laws.
Therefore, take steps to prevent and deal with sexual and other types of harassment in your workplace because as
an employer, you may be held liable for your own acts of harassment that affect employees in the workplace, as well
as the acts of your managers, employees, and even harassment by customers, suppliers, and others who regularly
do business with you.
has the purpose or effect of creating an intimidating, hostile, or offensive work environment
has the purpose or effect of unreasonably interfering with the individual's work performance
otherwise adversely affects the individual's employment opportunities
Harassing conduct includes:
epithets; slurs; negative stereotyping; or threatening, intimidating, or hostile acts that relate to race, color, religion,
gender, national origin, age, or disability (including jokes or pranks that are hostile or demeaning with regard
to race, color, religion, gender, national origin, age, or disability)
written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of
race, color, religion, gender, national origin, age, or disability and that is displayed on walls, bulletin boards, or
other locations on your premises or circulated in the workplace
The reasonable person standard. If you have a situation where you are trying to determine if some conduct that
has taken place is actually harassing conduct, the way to determine it is to use the "reasonable person" standard. If a
reasonable person in the same or similar circumstances would find the conduct intimidating, hostile, or abusive, then
it's probably harassment.
The reasonable person standard includes consideration of the perspective of persons of the same race, color,
religion, gender, national origin, age, or disability as the harassment victim. For example, if a female employee
complains of harassment, make sure in applying this test that you take the perspective of a woman, not a man. If, in
the perspective of another woman, you would find this conduct harassing, it probably is.
Although harassing conduct must be objectively viewed as creating a hostile work environment to be unlawful, the
subjective perception of the particular harassed employee is still significant. If the employee does not perceive the
work environment to be hostile because of that conduct, the conduct is not unlawful harassment.
A person feels that submission to the conduct is necessary in order to get or keep a job.
A person feels that employment decisions such as raises, promotions, and demotions depend on whether he or
she submits to or rejects the conduct.
The conduct interferes with a person's work performance or creates an intimidating, hostile, or offensive working
environment.
Some important facts to remember about sexual harassment are:
Pinups in the workplace. Pinups containing sexual material (such as centerfolds) can create a hostile work
environment. Don't allow these in the workplace.
Asking a coworker for a date. This by itself is not harassment. But if the person refuses the offer, continued
asking can become harassment and should be stopped if a complaint is made.
Rude treatment of women. A supervisor who treats women rudely, or who constantly demeans the ability of
women to perform work, can be guilty of sexual harassment since adverse actions are being taken on account of
the employees' gender.
Verbal abuse and jokes. Comments about a person's appearance or jokes of a sexual nature can constitute
harassment if they occur often and are unwelcome. You should make it a policy to stop all types of sexually
oriented comments in the workplace.
Is gender-based harassment the same as sexual harassment? There are forms of harassment that are gender-
based but are nonsexual in nature. Gender-based harassment is harassment that would not have occurred but for the
sex of the victim. It lacks sexually explicit content but is directed at one sex and motivated by animus against that sex,
whether female or male.
Example
A comment like "You're a woman, you can't handle this job" may amount to gender-based harassment even though it
does not carry a sexual connotation.
State laws prohibit sexual harassment. In addition to federal laws prohibiting discrimination and harassment, some
states have similar (and sometimes more far-reaching) laws. Check your state's law and remember that federal law is
controlling, unless the state's law offers more protection to the employees, in which case the state law is
controlling.
Once you understand harassment in theory, you need to figure out how to prevent it and how to deal with it if it does
happen.
Handling and Preventing Harassment
The best way to reduce your liability should harassment ever occur is to have policies and procedures in place that
show that you did everything you could to prevent harassment from occurring. As an added bonus, having a policy
against harassment will help you deal more effectively with any complaints you get from employees.
The following is a "top ten" list of the essentials for preventing and dealing with harassment:
Establish an effective complaint procedure and encourage employees to feel comfortable coming to you with any
problems they face at work, including any harassment that might occur.
Create and communicate your anti-harassment policy.
Treat any incident as if it is a court case from the moment it is reported (most importantly, notify your attorney
right away).
Quickly investigate any claims that might occur.
Don't take any action that can be seen as harming the person making the complaint. For example, don't transfer
the complaining party to a worse location in order to separate the parties.
Do whatever is necessary to stop the harassment immediately.
Restore any job benefits that were lost due to the harassment.
Discipline the person who committed the harassment. If disciplinary action of the harasser is not considered
appropriate, document the reasons why.
Take action to correct past discrimination based on the harassing conduct, if appropriate.
Painstakingly document the investigation and the steps you took to remedy the situation.
a definition of harassment
a harassment prohibition statement
a description of your complaint procedure
a description of disciplinary measures
a statement of protection against retaliation
Tools to Use
The Business Tools contain a sample sexual harassment policy that you can use to create a policy for your
business.
Harassment defined. As with other complex policies, it is important to define exactly what type of conduct it is that is
unacceptable and prohibited. Being clear not only helps you enforce the policy, but helps employees understand what
your expectations are.
Here are a couple of simple examples of clauses that define harassment:
Sample 1: Harassment. Harassment is verbal or physical conduct that denigrates or shows hostility or aversion
toward an individual because of that person's race, skin color, religion, gender, national origin, age, or disability.
Harassment can also occur if conduct is directed toward a person's relatives, friends, or associates. Harassment
does one or more of the following:
has the purpose or effect of creating an intimidating, hostile, or offensive work environment
has the purpose or effect of unreasonably interfering with an individual's work performance
otherwise adversely affects an individual's employment opportunities
Sample 2: Harassment. Harassing conduct includes:
epithets, slurs, negative stereotyping or threatening, intimidating, or hostile acts that relate to race, color, religion,
gender, national origin, age, or disability (including jokes or pranks that are hostile or demeaning with regard to
race, color, religion, gender national origin, age, or disability) and
written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of
race, color, religion, gender, national origin, age, or disability and that is displayed on walls, bulletin boards, or
other locations or circulated in the workplace.
Statement prohibiting harassment. While it seems obvious enough, your policy should clearly explain that
harassment of any kind is unacceptable behavior in your workplace. Here's an example of a clause that does just
that:
Sample: Sexual harassment is specifically prohibited because it is unlawful and against company policy. In addition,
ABC Company is responsible for taking action against sexual harassing conduct. ABC will take action regardless of
whether the specific acts complained of were sanctioned or specifically forbidden, and whether ABC Company knew
— or should have known — of their occurrence.
Complaint procedures. In addition to defining and prohibiting the behavior, be sure to tell employees how to make a
complaint and what they can expect once they have filed a complaint.
You may want to include the time frame in which the complaint will be investigated and stress that the matter will be
handled professionally and confidentially.
Some sample clauses are:
Sample 1: Employees who have complaints should report such conduct to the owner or other official. Allegations of
harassment will be promptly investigated, giving due regard to the need for confidentiality.
Sample 2: If you think you are being harassed, report the behavior to the owner. All such complaints will be treated in
the strictest confidence and will be promptly investigated.
Disciplinary measures. Be sure to spell out what the consequences for harassment will be if an employee is found
to have engaged in such contact. Also refer them to your progressive discipline policy, if you have one.
Here are some examples of a disciplinary clause:
Sample 1: Any employee who engages in harassing behavior is subject to disciplinary measures up to, and
including, termination.
Sample 2: Any harassing conduct will result in prompt and certain disciplinary action, including possible termination.
Protection against retaliation. When an employee actually gets the nerve up to report harassment, they are usually
already apprehensive and scared because of the hostile treatment they may have received. The employees need to
know that you are there to help. For this reason you may want to include a clause indicating that employees will not
be penalized or reprimanded for reporting harassment.
Not only will this help employees, but it may actually get them to report harassment before it gets worse or more
dangerous.
Here's a sample of such a clause:
Sample: An employee has the legal right at any time to raise the issue of sexual harassment without fear of reprisal.