Introduction
The most consistent estimate to emerge from research on sexual harassment is that one out of every two women will be sexually harassed at some point during her academic or working life. Research suggests that although some forms of sexual harassment are more frequent than other types, none are rare, and the experience of sexual harassment is virtually an expected event in most women's lives. Yet, sexual harassment in the workplace is a form of discrimination prohibited under both federal and state law.
It is critical that employers understand what constitutes sexual harassment and recognizes their obligation to take immediate and appropriate action to eliminate sexual harassment from the workplace. It is also important to have a written policy against sexual harassment and an effective, fast-acting and non-retaliatory procedure for responding to claims of sexual harassment.
If you receive an internal complaint of sexual harassment, how should you respond? How will you investigate the allegations of sexual harassment? Your response to the complaint can significantly impact whether you are liable for the allegedly harassing conduct.
The Policy
A primary responsibility of any employer is to have in place a sexual harassment policy stating that the company will not tolerate such conduct. Your sexual harassment policy should also encourage employees to bring forth claims of sexual harassment so that you have the opportunity to take action in preventing recurrence of such behavior.
If you direct employees to report incidents of sexual harassment to their supervisors, you must provide employees with access to alternative management personnel who are authorized to accept and investigate complaints. Both a male and a female management employee in the personnel or human resources department, preferably individuals with experience in investigating discrimination and/or sexual harassment complaints, should be designated as the recipients of the complaints.
The policy should also enumerate the types of sexual harassment and provide a mechanism for handling complaints. Moreover, the policy should specifically state that anyone found to have engaged in conduct that may constitute sexual harassment will be disciplined, up to and including discharge. This policy should specify that supervisors are subject to the policy as well. This language is intended to target any type of "quid pro quo" sexual harassment claim.
Conclusion
An effective sexual harassment policy should also state that you will take appropriate disciplinary action to prevent such conduct from occurring or reoccurring in the workplace. Disciplinary action may include termination, transfer or recommendation for counseling. To be effective, your "remedy" should accomplish all of the following goals:
- 1. Eliminate the sexual harassment
- 2. Make sure all victims are "made whole"
- 3. Implement preventive measures that will prevent recurrence
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