What do HR Managers Need to Know About Sexual Harassment?
If you’re a human resources manager or the head of a startup, it’s crucial that you have an understanding of sexual harassment laws, both state and federal. Sexual harassment has been legally considered a form of discrimination since its inclusion in Title VII of the Civil Rights Act of 1964. The topic can be a sensitive, and even uncomfortable, one. When an accusation is made, you will want to address it immediately and professionally. Read on to learn what HR managers need to know about sexual harassment.
About Sexual Harassment
When one employee continually makes sexually explicit remarks, sexual advances, requests for sexual favors or acts in an unwanted manner of a sexual nature toward another, it falls under the category of sexual harassment. In addition, this behavior may interfere with the harassed individual’s ability to perform their job effectively, create an environment that is felt to be hostile or affects the person’s status of employment.
Examples of Sexual Harassment
In order to provide a more concrete understanding of the kinds of activity that may constitute harassment, let’s look at some specific examples.
If an employee repeatedly asks another out on a date after being rejected in the past, it is sexual harassment. Likewise, unwanted flirting falls under this category.
Any unwanted physical contact is harassment. This contact does not have to be with regard to a specific body part. Examples can include grabbing around the waist, playing with the hair, rubbing shoulders or restricting another’s movement in any way.
Even sending sexually explicit content or suggestions through email is an action of harassment.
Suggested Policy and Action
First and foremost is the need to act immediately when an allegation of this nature is brought to your office. Be sure that all supervisors and managers in the company are aware of this rule, as well. There should be clear rules regarding sexual harassment in your company’s human resources policy handbook. You will need to have a thorough understanding of sexual harassment laws in order to ensure that your policy is effective. Take time to research federal and state law if you are unclear on any points, and be vigilant about staying updated, as laws do change over time. You should have a definitive sexual harassment policy in your handbook, along with one outlining general harassment. The procedure for investigations of claims, as well as a clearly outlined method for making a claim, should be included in this policy.
When a claim is made, you should immediately begin documenting each step taken. Written documentation provides evidence that your company took serious action and did everything you could to address any policy violations. You will also need to show that you launched an investigation and that appropriate consequences were given, according to the results. Be aware that sexual harassment claims can involve employees who witness, participate in or are intimidated by acts of the perpetrator. Take care that your investigation follows your handbook’s policy to the letter and be sure the person who files the claim feels confident that no retaliation will take place due to these actions.
The above advice is a primer on how to handle allegations of sexual harassment in the workplace. Understanding sexual harassment laws will guide your development and implementation of sound policy.
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