SEXUAL HARASSMENT IN THE WORKPLACE

Author
J.R. Moody

The burden of protecting employees from and responding appropriately to sexual harassment is one which falls upon the employer. It is part of an employer’s larger responsibility to provide a safe and healthful workplace. Although there is a clear legal obligation involved, squashing workplace sexual harassment can protect an employer from its harmful business implications such as low morale, decreased productivity, and the high costs of litigations.

Workplace sexual harassment refers to any unwelcome verbal or physical advance of a sexual nature which creates an offensive, intimidating, or hostile work atmosphere. Guilty parties may be supervisors, managers, co-workers, and even outside sources such as vendors and customers under certain circumstances. Basically, any conduct of a sexual nature in the workplace can be defined as sexual harassment if even a single employee is made to feel uncomfortable. Keep in mind that employers are still responsible for managing sexual harassment even outside of the workplace should it occur in a work-related capacity (such as a work party or other function).

In general, workplace sexual harassment falls under two categories:

Quid Pro Quo: This is when the harasser makes employment decisions based on the victim’s favorable reaction to the sexual harassment. It is quid pro quo if an employer explicitly or implicitly suggests submission is a condition for employment (e.g. “I will hire you if you sleep with me”), or uses how the victim responds as a factor in their current employment (e.g. “You turned me down for a date, and so you will not receive this promotion”).

Hostile Environment: Most reported cases of sexual harassment fall under this category. When someone in a work environment shows conduct of a sexual nature, such as unwelcome touching, speaking, requests, or advances, or the display or sharing of sexual material, it has the potential to turn the environment into one which feels hostile to other employees. While these type of sexual harassment does not directly affect a victim’s employment or potential opportunities, it is a tremendous offense against respect and dignity, and to the individual’s ability to perform work to their best ability. It may also indirectly affect their employment in that they may choose to resign and seek employment in a less toxic environment.

Although the overwhelming majority of workplace sexual harassment claims are made by women (over 90 percent of Canadian women say they have experienced sexual harassment at work at some point in their careers), it is not gender neutral. Men can also be harassed by women, and both can be harassed by the same sex.

Common examples of sexual harassment in the workplace include:

  • Demanding physical affection, even if it’s not explicitly sexual (e.g. hugs, or kisses on the cheek)
  • Ignoring rejection and persisting that an individual goes on a date with you
  • Making sexual comments about someone’s clothing, actions, behavior, or physical attributes
  • Making jokes of a sexual nature
  • Requesting sexual favors in exchange for a reward or benefit (e.g. I’ll work your shift for you if you kiss me)
  • Insulting someone with gender-related derogatory words
  • Commenting on someone’s behavior because it does not conform to gender stereotypes (i.e. an effeminate man, or vice versa)
  • Discussing sexual encounters or prowess amongst your coworkers
  • Taking pornographic images (real, cartoon, or otherwise) and posting them at work, sharing them online to a work-related bulletin, or e-mailing them to coworkers

Let’s look at a couple of real-world scenarios:

Scenario 1: Someone in your workplace jokes that a female co-worker, recently promoted to a higher position, obtained her advancement by way of “sleeping her way to the top.” Perhaps she isn’t aware of this gossip, but it can still have a devastating impact on her image and status amongst her peers – you must put an end to it.

Scenario 2: A courier who delivers products regularly to your place of business makes unwelcome and persistent advances on the person who receives the deliveries. Even though the courier isn’t a direct employee of your business, as an employer it is your responsibility to intervene by speaking with the courier or using a different service.

What can you do?

A written sexual harassment policy is arguably the strongest tool you have as an employer. You’ll need to tailor it specifically to your individual workplace, but collecting employee concerns and reviewing previous reports with HR is a good place to start. Developing an employee handbook for employees to review upon hire will also equip them with necessary information and inform them of expectations from the get-go.

Your policy must clearly define sexual harassment. Establish commitment to zero tolerance, and inform employees of consequences should they fail to meet expectations. The policy should also include procedures for employees to follow when they need to file a sexual harassment complaint, and explain that all complaints will be thoroughly investigated. Assure employees that there is no risk for retaliation at any level for filing a complaint.

Additionally, use your policy to schedule sexual harassment training at least annually. Employees should be trained on the nature of sexual harassment and their right to a harassment-free workplace, as well as how to go about filing a complaint. Management and supervisors should be trained on handling complaints, recognizing sexual harassment across the spectrum, and how to properly intervene.  Employee and management/supervisor training should be conducted separately.

For help developing a workplace sexual harassment policy, contact us here.

 

 

 

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