Other than implementing policies and providing training, what else can we do to create a workplace environment where sexual harassment is less likely to happen?
Quick Answer
In addition to implementing policies and providing training, employers can proactively assess the risk of harassment, have supervisory personnel set the tone and lead by example, respond quickly to complaints, and make it clear that there will be no retaliation against those who allege harassment.
Legal Perspective
Shawe Rosenthal
Baltimore, Maryland
Having a policy and providing training are excellent steps, but there’s more companies can do to prevent harassment, says employment law attorney Fiona Ong.
Companies can assess their workplace and industry to determine if they are at a particularly high risk of workplace harassment, such as in certain industries that are male-dominated (like construction), utilize teenage workers (like fast food service), or immigrant workers (like agriculture).
There may be ways to minimize the risk, such as working in teams or additional targeted training. In addition, company leadership must set the tone from the top and must hold their managers accountable for addressing and preventing any harassment that they become aware of – whether it’s through a complaint directly to them, or they see something inappropriate happening (even if no one complains), or they hear about it indirectly. The managers need to alert Human Resources of any possible harassment situations and get guidance on the next steps. And companies need to respond promptly and effectively to any harassment situations.
Relevant Case Law
Crawford v. Metropolitan Government of Nashville and Davidson County
Perez-Cordero v. Wal-Mart Puerto Rico, Inc.
King v. Triser Salons
HR Insight
Melmark
Andover, Massachusetts
The EEOC says that you can prevent harassment by: “Informing employees that harassment is prohibited; Identifying who employees should contact to discuss harassment questions or concerns; Assuring employees that they will not be punished for asking questions or sharing their concerns; Responding to harassment questions or concerns and investigating harassment complaints promptly and effectively; and ensuring that managers understand their responsibility to stop, address and prevent harassment,” Senior Director of HR Mary Morris points out.
In addition, companies should create a positive and respectful workplace culture and ensure a safe environment. Companies must address unwanted or offensive behavior early, take complaints seriously and protect informants against retaliation.
Another updated method is to use analytics to identify and resolve problem areas. Make staff welfare a priority by including it in review meetings and appraisals.
Alternative HR, LLC
Sioux Falls, South Dakota
First, make sure you are consistent in messaging at all levels of the organization, advises Dan Oakland. That requires C-suite and front-line managers and supervisors to all be consistent in creating and promoting a workplace of respect and professional behavior.
Second, be proactive in seeking feedback from all people within the organization. Don’t just provide an avenue to report problems, but also ask at review times or during one-on-ones whether the individual is aware of any discrimination, harassment or other inappropriate behavior directed towards them or anyone else in the organization. Don’t wait for complaints; ask if there are problems that need to be addressed.
Everde Growers
Houston, Texas
The more education and support you can provide to employees, the better, says Recruiter Carmela Bozulich.
You can’t control what people do. You can only try to get in front of it and make sure that employees know that you take harassment very seriously and that there are serious consequences should it occur. I would also add DEIB training to the roster of mandatory training that all employees must complete on a regular basis.
The Cost of Noncompliance
Fast-food franchise pays $60K to settle Title VII lawsuit
Who was involved: North Georgia Foods, Inc., a Georgia-based company operating several Burger King restaurants in the southeast, and a female employee who worked in a North Carolina location.
What happened: The EEOC’s Title VII lawsuit claimed a female employee was sexually harassed by a male assistant manager. Specifically, the alleged harassment included vulgar sexual comments, threats and unwelcome sexual touching. According to the complaint, the employee complained and asked not to be scheduled to work alone with the accused harasser. In response, the company allegedly removed the employee from the schedule, refused to communicate with her and refused to reinstate her to her position.
Result: The company agreed to pay $60,000 to the affected employee. Under a two-year consent decree, it must also:
- Prominently post a telephone number for an off-site reporting official that handles employee complaints
- Revise its written anti-discrimination policies
- Train employees on the process for reporting complaints of discrimination and the requirements of Title VII, including its anti-retaliation provisions.
Info: Burger King Franchise to Pay $60,000 to Settle EEOC Sexual Harassment and Retaliation Suit, 1/19/23.
Retaliation case: Jury awards $251K to former Sam’s Club employee
Who was involved: Sam’s Club and a former employee who worked in Georgia.
What happened: The ex-employee sued to allege the company fired her in retaliation for complaining about sexual harassment. A jury sided with the worker, finding the woman had been subjected to sexual harassment, had reported the alleged harassment to an individual with the authority to investigate the complaint and had been fired because she submitted the complaint.
Result: The jury ordered the company to pay a total of $251,711. Of that, $250,000 was for emotional pain and mental anguish. The remaining $1,711 was for lost wages and benefits.
Info: Harris v. Sam’s East, Inc. Jury Verdict, 10/6/22.
EEOC complaint alleges store manager sexually harassed employee: Company pays $30K
Who was involved: Al Meghani Enterprises, Inc., d/b/a The Wireless Solutions, a specialty retailer of wireless products, services and accessories, and a former employee in San Antonio, Texas.
What happened: An EEOC lawsuit alleged the store manager sexually harassed a female employee by making inappropriate sexual remarks and sending text messages that pressed the female to send explicit photos. The worker rejected the advances. When she tried to get info to contact Corporate about the harassment, the manager allegedly refused to provide it. Ultimately, the manager fired the employee.
Result: The company agreed to pay $30,000 to settle the complaint. In addition to the financial payout, the company also agreed to:
- Adopt a written policy against employment discrimination, and
- Provide annual training for all employees on the subject of sexual harassment.
Info: The Wireless Solutions to Pay $30,000 to Settle EEOC Sexual Harassment and Retaliation Case, 8/22/22.
Key Takeaways
- Make sure harassment policies are up to date.
- Provide periodic refresher training.
- Proactively assess the risk of harassment, such as by asking employees for feedback regarding the workplace environment.
- Make sure employees are aware of reporting mechanisms.
- Encourage managers and other supervisory personnel to lead by example.
- Respond quickly and effectively to all complaints of harassment.
- Take prompt remedial action when needed.
- Make sure to communicate to your employees that accusers will not suffer retaliation.
- Encourage openness of communication between subordinates and management.
- Explore the possibility of bringing in outside organizations to provide additional training.