We feel our sexual harassment policy is strong. Still, you can’t be too careful. Is there an area we should really focus on to make sure it’s up to par?
Quick Answer
An effective sexual harassment policy includes several equally important components that must all be robust and clearly communicated to all employees. State that harassment is prohibited and will not be tolerated; define prohibited harassment; provide an effective reporting mechanism; state that complaints will be kept confidential to the greatest possible extent; state that you will not retaliate against complainants; and identify the consequences of harassment.
Legal Perspective
FordHarrison LLP
Charlotte, North Carolina
A good place to start is with your complaint procedures, says employment law attorney Matthew Gilley (mgilley@fordharrison.com) of the firm FordHarrison LLP, who also contributes to the firm’s EntertainHR blog.
Ask yourself: If an employee needs to come forward with a complaint, does the policy make it clear whom the employee needs to contact? Ideally, the individual should be able to go to more than one person.
Next, you need to question whether the person that the employee goes to can properly handle the complaint. If you have any doubts, revise the policy and send it out to employees again.
Relevant Case Law
Lewis v. Forest Pharmaceuticals, Inc.
Blatnik v. Avery Dennison Corp.
Relyea v. Director, Dep’t of Workforce Services
HR Insight
The HR Solution
Weatherford, Texas
A strong sexual harassment policy includes the definition, examples, reporting procedures, reporting requirements, if any, and consequences, says HR Consultant Ruth Bassham.
For years, courts have been taking cases that were previously not considered to fall under gender discrimination, as long as they were simply discriminatory or harassing behaviors related to gender.
More recently, the EEOC’s interpretation of “gender” in Title VII of the Civil Rights Act includes “sex (including pregnancy and related conditions, sexual orientation, or gender identity” and it has added this language on the new EEO “Know Your Rights” poster. Employers should review policies accordingly.
L&R Human Resource Consulting LLC
Bossier City, Louisiana
Yes, you can never be too careful. The anti-harassment policy checklist provided by the EEOC is a great resource to use to compare your policy against. Visit eeoc.gov and review the checklist for employers to ensure your policy is compliant and strong.
The Cost of Noncompliance
Company pays $361K to end Title VII sexual harassment lawsuit
A company in Washington will pay $361,000 to settle a sexual harassment complaint filed by the EEOC on behalf of seven current and former female employees.
What happened: The company, Air Control Heating and Electric, Inc., employs about 40 workers and provides HVAC, electrical and mechanical contracting services. The company’s owner and president, Maxim Johnston, sexually harassed female employees on a regular basis for years, according to the EEOC. Johnston allegedly said female employees did not belong in building trades because of their sex. Further, the suit claimed Johnston touched the employees without their consent, made inappropriate comments about their bodies and asked them to change into more revealing clothing.
The result: In addition to the six-figure payout, the company entered into a five-year consent decree. Under it, the company must hire an independent consultant who will:
- oversee the development and implementation of anti-discrimination policies
- independently and confidentially investigate complaints of sexual harassment and retaliation, and
- determine the appropriate corrective action to remedy the alleged harassment and/or retaliation.
The company must also provide anti-discrimination training for employees and conduct individualized training for Johnston. It is also required to submit to EEOC monitoring for the duration of the five-year agreement.
Info: HVAC Contractor to Pay $361,000 to Settle EEOC Sexual Harassment Lawsuit, 10/14/22.
Key Takeaways
- Using clear definitions and examples, state in your harassment policy that harassment based on any protected characteristic is unacceptable and will not be tolerated.
- Explain in clear terms how employees can report alleged harassment.
- Allow employees to report the alleged harassment to any manager rather than to just their direct supervisor or any single designated person.
- State that confidentiality will be maintained to the greatest possible extent.
- Include a clear statement that you will not retaliate against any employee for reporting alleged harassment or participating in a related investigation.
- Investigate all complaints impartially, thoroughly and promptly. Identify the consequences of policy violations.
- Take remedial action when needed.
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