HUMAN RESOURCES: Sexual Harassment: Same Problem, Greater Liability

Just about anything can constitute harassment depending on who is defining the terms. Today, employees who refuse unwanted sexual advances, but who suffer no negative job consequences, can file suits. In other words, threats alone create liability. Perhaps most unbelievable of all is that an employer can be held liable for sexual harassment by a supervisor even if he or she had no knowledge of the supervisor's misconduct. Today, if your business receives a charge of sexual harassment discrimination and you can't prove that you attempted to prevent or eliminate the liability, you're guilty.

No question, the rules have changed. An, let's not forget virtual communication. With e-mail, graphic Web sites and photographic scanning ability, employers have a whole new set of challenges. Regardless, the bottom line from the government agencies and courts is clear: Whether or not a company has seen or knows about harassment, there is a responsibility for preventing and eradicating it.

So, what can you do to reduce exposure to sexual harassment? We recommend a three, prong triangle of protection:

1. Develop, disseminate and vigorously enforce a policy against harassment. Ensure your policy prohibits the same-sex harassment and cyber-sexual harassment, provides multiple channels for making complaints known to management, ensures confidentiality to the extent possible and prohibits retaliation.
2. Conduct periodic sexual harassment training on all levels. Include the CEO or president and all managers. Document attendance. We recommend that training be conducted annually.
3. Take every complaint seriously and investigate immediately. It doesn't matter if the complaint is lodged by a "habitual trouble-maker," if it seems trivial or if the complainant will not submit the complaint in writing. Investigate it immediately. Better yet, hire a third-party, qualified HR professional to conduct a neutral, comprehensive investigation. Then, take appropriate action based on the results.

Many sexual harassment incidents in the workplace could be avoided by simply ensuring professional communication in the workplace. Managers must "model the behavior desired and required."

Employers may also be liable for acts of non-employees with regard to sexual harassment of employees in the workplace. Furthermore, employers could be liable for claims of sexual harassment when an employee is sexually harassing people outside the company. In cases like these, employers relieve much of their liability when they respond quickly to complaints.

The best way to reduce your exposure and limit liability is to take proactive measures to discourage harassment in the workplace including proper and ongoing training of managers and supervisors. An annual management workshop covering this topic and updating managers on trends, changes in employment regulations and enforcement guidelines, is smart. If you haven't had a training session on sexual harassment within the last year, now is the time.

Don't wait until it's too late. One claim can ruin careers, tarnish the company image, demotivate other workers and results in significant monetary liability. Wouldn't it be much wiser to prevent all this?