Sexual Harassment in the Workplace

Sexual Harassment is a time-bomb ready to explode for employers who do not understand their obligations and responsibilities in this area of Employment Law. Sexual Harassment is against the law. It's that simple!

Businesses face significant damage awards and litigation if the business owner does not “get it right.” Two examples make the point.

-$325,000 paid by a Tampa Bay, Florida area pizza chain for subjecting female employees to a sexually hostile working environment. According to the U.S. Equal Employment Opportunity Commission, the restaurant’s manager was sexually harassing two sisters ages 16 and 17 at the time they were employed by inappropriate touching as well as egregious verbal comments.

-$200,000 paid to two employees of a steakhouse for the sexual harassment they were subjected to at the hands of an assistant manager.

What Is Sexual Harassment?

Sexual Harassment is defined as unwelcome sexual advances and other verbal or physical conduct of a sexual nature when:

-Submission to the conduct is either an explicit or implicit term or
condition of employment.

-Submission to or rejection of the conduct is used as a basis for any
employment related decision effecting the person who rejected or
submitted to the conduct.

-The conduct has the purpose or effect of unreasonably interfering
with the person’s work performance or creating an intimidating,
hostile or offensive work environment.

Sexual Harassment is no joke. Companies have found themselves in hot water because of off-color jokes told in the workplace as well as using demeaning language, such as “honey,” “sweetheart” and “cutie.”

The Need For a Sexual Harassment Policy

Whether you or your company is accused of violating state or federal laws, and regardless of the size of your business, every company should adopt a Sexual Harassment policy under which adherence by all owners, supervisors, managers and employees is required. Many of these policies provide for disciplinary action, including termination of employment, where Sexual Harassment is established.

What an Effective Sexual Harassment Policy Must Include

Businesses are required to be compliant with federal and state laws. Business owners must know exactly what the law expects of them and their employees. Likewise, in order for an employer to hold an employee accountable for the employee’s actions or failure to act, a business owner must provide information to their employees in a clearly written and documented fashion. A properly attorney prepared Sexual harassment Employee Policy that meets both federal and your state’s specific laws is vital to accomplishing this key business practice, and must be a part of every Employee Handbook.

First, the Employee Policy informs employees of your company’s standards of acceptable behavior. Secondly, employees know what you expect for successful employment with your company.

Keep in mind, as an employer you want employees to understand the “rules of the road” in order to become effective and valuable employees. If an employee cannot understand the language the “rules” are written in, it will be difficult to communicate what management expects, and difficult to hold such employees accountable.

In today’s workplace environment, many businesses are using Bilingual Employee Handbooks. Many businesses have employees who are more familiar and comfortable speaking, reading and understanding Spanish rather than English. A best practice is to have a Bilingual Employee Handbook available for these employees.