Sexual harassment is not only inappropriate, but also illegal when unwelcome or threatening. It can have a devastating impact on victims and damage the company they work for by creating a hostile work environment, decreasing productivity, and increasing costs. To protect employees and avoid legal actions and hefty fines, companies must be able to recognize, investigate, and resolve sexual harassment allegations promptly and fairly.
From a legal standpoint, “sexual harassment” is a form of sex discrimination and was made illegal in 1964 by the Civil Rights Act. It includes unwanted or threatening actions such as unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of a sexual nature. Blatant sexual acts such as sexual assault, touching with sexual intent, or requiring an employee to engage in a sexual act in order to keep their job or advance their career are also considered sexual harassment.
Less blatant types of offensive conduct such as talking about sex, making off-color jokes, commenting on physical appearance, looking at someone in an “inappropriate” manner, displaying sexually suggestive pictures or objects, visiting pornographic websites or sending provocative emails, using foul language, or making obscene gestures can be considered harassing when they occur repeatedly.
Victims of sexual harassment can be damaged emotionally, psychologically, and even physically and can often become less productive. It’s estimated that 54% of women have experienced some form of sexual harassment in the workplace. However, between 58% and 72% of victims do not report. Victims of sexual harassment often suffer emotional and psychological harm, including stress, depression, and anxiety. Sexual harassment can also harm the victim’s self-esteem and induce anxiety attacks. According to research, sexual harassment hurts women’s work satisfaction, emotional commitment, and well-being. This type of offensive behavior can also poison the work environment for others by interfering with the daily functioning of the workplace, increasing absenteeism, and driving employees to look for another job. Sexual harassment can damage the reputation of a company and may lead to significant legal costs as well. Between FY 2018 and FY 2021, the EEOC recovered nearly $300 million for individuals with sexual harassment claims through resolved charge receipts and in litigation.
Companies must take many things into account when establishing what types of behavior and language will and will not be acceptable in the workplace. These rules should be laid out in a written “sexual harassment policy” that includes a clear and concise definition of what constitutes sexual harassment, a statement that the company will not tolerate sexual harassment by any employee, manager, or contractor, and how a sexual harassment incident should be reported and investigated by management. The policy should also list the disciplinary actions that may be taken against harassers.
Employees will also need “sexual harassment prevention” training so they know how to recognize unacceptable behavior and report it to company management. Sexual harassment reports must include specific facts such as the date and time of the incident, who was involved, the names of any witnesses, what happened and what was said, and why the person making the report feels that the behavior was sexually harassing.
When investigating an allegation of sexual harassment, it’s important to begin the investigation promptly, follow the company’s sexual harassment policy, and conduct the inquiry systematically to reach a fair resolution. Delay can make it look like the company is not taking sexual harassment and employee well-being seriously. It’s also important to respect the privacy of victims, witnesses, and the accused by keeping the investigation confidential and avoiding rumor and gossip.
As an investigator, it’s important to assess the facts impartially and not jump to conclusions, as any perceived lack of fairness could lead to complaints being filed, even legal action. If someone reports sexual harassment in your department, proceed systematically and consult the company’s sexual harassment policy or speak to another manager or HR representative to get their input. Show concern, take it seriously, keep it confidential, and speak with the person who makes the report in private.
Once you have identified the facts, you can assess them and make a determination based on the severity and frequency of the harassment. Sometimes allegations are based on a simple misunderstanding, and no action may be required.
However, in cases where the harassment is severe or occurs frequently, it’s important to take action to prevent further harm to the victim and protect the company from legal liability.
In such cases, the harasser should be instructed to cease and desist, and warned that disciplinary action will be taken if their behavior doesn’t improve. If the harassment includes touching with sexual intent or a manager using their position to coerce sexual favors, the harasser may need to be terminated.
It’s crucial to handle these situations delicately and respectfully, without appearing to punish the victim. If the harasser is still employed with the company and the victim feels uncomfortable around them, accommodations may need to be made, such as adjusting work schedules or arranging for a transfer.
Ultimately, it’s essential to ensure that the victim can return to a positive work environment, free from harassment. Taking these steps not only protects the victim but also helps to prevent future incidents and preserve the company’s reputation.
Sexual harassment in the workplace is a serious issue that can have far-reaching consequences for victims, the company, and its employees. It’s essential to recognize and address any allegations of sexual harassment promptly and fairly, by following established policies and procedures and ensuring that all involved parties are treated with respect and confidentiality By taking these steps, we can help to create a workplace culture that is safe, inclusive, and respectful for everyone.
Building a safe and respectful workplace free from harassment and discrimination is crucial for any organization. As we previously discussed, sexual harassment can have devastating consequences for both the victims and the companies involved. That’s why we offer a comprehensive training course, “Handling a Sexual Harassment Investigation,” which equips managers and supervisors with the tools they need to identify, investigate, and resolve incidents of sexual harassment in the workplace. In addition to this course we provide a variety of other online safety courses to ensure that employees understand important topics such as regulatory compliance, human resources, and general safety practices.
eLearning Course for Handling a Sexual Harassment Investigation
We’ve discussed the importance of addressing sexual harassment quickly, fairly, and compassionately in the workplace. Now, we would like to introduce our “Handling a Sexual Harassment Investigation” training products that provide managers and supervisors with the necessary tools to handle such incidents. We understand that sexual harassment can be a complicated and sensitive issue, which is why we have developed a comprehensive range of training products, including Micro-Learning, full-length online courses, DVDs, and interactive CD courses, to cater to different learning styles and preferences.
Our “Handling a Sexual Harassment Investigation” products cover essential topics, such as defining sexual harassment, company policy and preventing harassment, conducting ethical investigations, gathering facts, and resolving the situation, among others. All of our training products are available in English and Spanish, and we also provide a detailed course outline in PDF format for those who prefer a more structured approach.
Our MicroLearning curriculum includes short 3-5 minute courses that are perfect for employees with busy schedules or those who prefer to learn in bite-sized chunks. Our online interactive courses, on the other hand, are designed to keep employees engaged and involved in the learning process. We use full-motion HD video filmed in real-life workplace settings and interactive quiz questions to ensure that employees retain more information and stay fully engaged throughout the course.
One of the standout features of our online courses is remediation training. If a trainee misses a quiz question, they are presented with the course content that explains the topic again. This means that training time is reduced, and the courses are more efficient and effective. Our training activity is tracked and recorded, making it easy for managers to monitor their employees’ progress.
We offer a wide range of online safety courses that cover critical topics such as regulatory compliance, human resource issues, and general safety. Our libraries contain over 170 courses that cover topics such as forklift/powered industrial truck safety, lock-out/tag-out, hazard communication, personal protective equipment, respiratory safety, confined space entry, and hearing safety. We are committed to providing comprehensive training that empowers employees to create a safer and more productive workplace.
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