AVOIDING SEXUAL HARASSMENT

The number of sexual harassment charges filed with the Equal Employment Opportunity Commission increased from 6,883 in 1991 to 15,889 in 1997. Generally, an employer can be held liable for a supervisor's sexual misconduct even if the company did not know of the improper behavior or if the employee did not suffer any negative consequences. However, if a tangible job benefit was not denied to the employee, an employer could limit its liability if it has taken all reasonable steps to eliminate sexual harassment in the workplace. There are several ways an employer can protect itself against sexual harassment claims:

1. Implement a Written Sexual Harassment Policy: Employers must implement a written policy against sexual harassment. It should be written in plain English and distributed once a year. The policy should include a list of examples of what might be considered inappropriate conduct. The policy should also describe effective complaint procedures to be followed internally. Further, the policy should include a list of external resources to which an employee can turn if the employee believes he/she has been harassed.

2. Implement a Written Internet/E-Mail Policy: The Internet and the increased used of e-mail has spawned a huge upturn in the incidents of sexual harassment. Pornographic photographs and inappropriate jokes can be down loaded from the Internet. Further, people seem to feel more comfortable putting things in e-mail messages that they would not verbalize or put in a written memo. A separate Internet and e-mail policy should prohibit their use other than for legitimate business purposes.

3. Implement a Written Non-Fraternization Policy: The so called "No Dating Policy" is one more way to prevent sexual harassment. Allowing employees to have relationships with each other could expose the employer to liability if the relationship does not work out.

4. Provide Employee Training: An employer should provide training to employees on sexual harassment. Information and examples of sexual harassment, together with review of the company's compliant procedures should be emphasized on an annual basis. One of the best ways to prevent harassment is to teach employees about prohibited behavior and tell them they will be held accountable. Additional training should also be given to supervisors informing them on how to respond to complaints of sexual harassment.

5. Conduct Prompt and Thorough Investigations: Employers should investigate all complaints seriously and thoroughly. The investigation should include interviews with the alleged victim, the alleged harasser, witnesses offered by either the alleged harasser or victim, review evidence offered by each side such as voice mail, e-mail, notes or faxes. Investigative officers who are trained in investigating sexual harassment complaints should be designated by the company.

6. Take Prompt Action: If the investigation reveals that sexual harassment did occur, then, depending on the severity of the situation, the employer may do any one or more of the following: (a) written warning; (b) transfer or reassigning the harasser; (c) demotion; (d) a reduction of wages; (e) suspension; (f) termination; and/or (g) training. With respect to the victim, the employer may wish to (a) expunge evaluations that arose as a result of the harassment, if any; (b) restore leave taken because of harassment; (c) ask harasser to apologize; (d) monitor victim to ensure he/she is not subject to retaliation.