Tips for Preventing & Addressing Sexual Harassment in the Workplace

Throughout history, certain groups of people have faced unfair or even hostile treatment in the workplace, especially disabled individuals, African Americans, and women (Ebert & Griffin, 2007). As a result, the U.S. government has passed much legislation to ensure that every person receives equal opportunity to work, regardless of their "race, color, religion, gender, age, national origin, disability status, and status as a military veteran" (Ebert & Griffin, 2007, p. 305). The Equal Employment Opportunity Commission (EEOC) was established by the Civil Rights Act of 1964 (Title VII) and is currently in charge of enforcing the Americans with Disabilities Act, the Equal Pay Act, and Title VII. Consequently, all American organizations must comply with EEOC regulations and guidelines and create a work environment that condemns and discourages all forms of discrimination, including sexual harassment (Ebert & Griffin, 2007).

Briefly, let us consider the issue of sexual harassment, which is addressed by Title VII (Ebert & Griffin, 2007). "EEOC guidelines define sexual harassment generally as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" (Roberts & Mann, n.d., Quid Pro Quo section, para. 2). Title VII identifies two specific types of sexual harassment within the work place: (1) hostile work environment and (2) quid pro quo harassment. The first-hostile work environment-refers to any type of sexual harassment (i.e., crude jokes, suggestive comments, and inappropriately explicit photos or cartoons) that causes a harmful and/or offensive work environment for the victim (or even those around him or her) (Roberts & Mann, n.d.; Schickman, 1996). Quid pro quo harassment, in contrast, entails any attempt by someone in power (i.e., supervisor or employer) to force an employee into giving sexual favors in order to protect the employee's job or to receive work-related benefits or rewards (i.e., a raise) (Roberts & Mann, n.d.).

Since the company can be held responsible for incidents of sexual harassment, it should never take reports of such behavior lightly. Once such a report surfaces, the business should immediately launch an investigation to uncover if the allegations are true and to then determine the appropriate action or actions.

First, the company should interview the individual (who reported the behavior) about the incident, recording all pertinent information, including the alleged harasser's actions and words, the victim's specific reactions, and any witnesses. Next, the company should speak to the alleged harasser and the victim's coworkers about any inappropriate behavior that has been occurring in the work environment, taking every precaution to maintain confidentiality (American Bar Association, n.d.; Schickman, 1996). If the company conducts its preliminary investigation and can find some evidence to support the allegations, it may be necessary to temporarily relocate or suspend the harasser until the investigation is completed if the behavior is serious or if the harasser has a history of similar behavior (Roberts & Mann, n.d.).

Throughout the investigation, the company should keep thorough records of all information and findings concerning the reported incident and any past incidents that may have occurred between the harasser and other employees. This will allow all parties (i.e., the victim and the EEOC) to be satisfied that the investigation was complete and unbiased. Also, clear and detailed documentation will give solid evidence to prove or disprove any accusations against the harasser. In the end, if the allegations prove to be true, such documentation will also allow the company to accurately weigh the evidence and determine the best way to deal with the unacceptable behavior (American Bar Association, n.d.; Schickman, 1996).

There are a number of acceptable punishments that a business may consider when disciplining an employee for sexual harassment. For example, if the incident is mild, sexual harassment education and a written reprimand in his/her file might be appropriate. However, if the behavior is more severe a probation period might be more effective (in addition to the previous two punishments). Ultimately, though, if the company finds that the harasser will not stop such behavior, despite various other disciplinary actions or the investigated incident was grave, it is the company's moral obligation to fire this individual to avoid risking any more employees in the future (Toolkit Media Group, 2008).

In addition to disciplining the harasser, it is my opinion that the business should next reevaluate its sexual harassment policy. First, it needs to ensure that it is clearly defining sexual harassment for its employees, as well as giving examples of unacceptable behavior. Furthermore, the company needs to make sure it is actually actively condemning sexual harassment and outlining the penalty for anyone found guilty of such behavior. Also, it must properly distribute this information to everyone, as well as how to properly report incidents. Moreover, I would also advise that all supervisors be periodically retrained and regularly monitored to ensure that they are acting appropriately towards those under them. Lastly, the company should not be afraid to contact the EEOC and other outside sources to receive guidelines for creating a strong sexual harassment policy and tips for investigation and enforcement of this policy (American Bar Association, n.d.; Toolkit Media Group, 2008).

References:

American Bar Association. (n.d.). Sexual Harassment: How can employers prevent sexual harassment? Retrieved July 15, 2008, from http://www.abanet.org/publiced/practical/sexualharassment_prevention.html

Ebert, R. J., & Griffin, R. W. (2007). Business essentials (6^th ed.). Upper Saddle River, NJ: Prentice Hall.

Roberts, B. S., & Mann, R. A. (n.d.). Sexual harassment in the workplace. Akron Law Review. Retrieved July 15, 2008, from University of Akron Web site: http://www3.uakron.edu/lawrev/robert1.html

Schickman, M. I. (1996). Sexual harassment: The employer's role in prevention. GPSOLO, Winter 1996. Retrieved July 15, 2008, from American Bar Association Web site: http://www.abanet.org/genpractice/magazine/1996/winter/w96shi.html

Toolkit Media Group. (2008). Creating a harassment policy. In The small business guide. Retrieved July 14, 2008, from http://www.toolkit.com/small_business_guide/sbg.aspx?nid=P05_5185