Harassment Remains Major Workplace Problem

You would think that in the “enlightened society” we live in today, we should be past having any problems with harassment issues in the work place. Oh yea- ever heard of Herman Cain? He is just another in a long line of employers- those that are well-known and those that are relatively obscure- that have created issues in the workplace with sexual harassment.

Let’s think about it- what issues do we have to deal with now that may add to our harassment risk in the workplace?

---Greater informality in today’s workplace
---Widespread use of social media
---Knowledge by the working class of exactly what harassment is

Experts say employers should use a strong policy, training and an accessible complaint program to discourage and address sexual harassment. While the number of sexual harassment complaints filed with the U.S. Equal Employment Opportunity Commission fell 7.7% in 2010, sexual harassment remains a significant problem. According to the EEOC, there were 11,717 sexual harassment charges filed in 2010. What is worse, 64% of organizations received at least one sexual harassment claim in the previous two years.

However, the types of sexual harassment have changed over the past 20 or 30 years. Where previously it was more common to see where women were asked for “sexual favors in exchange for some employment benefit, now the vast majority are hostile environment theories. While the means may be different, with today’s use of text messages, emails, Face book posts and tweets, as long as we have males and females in the workplace, this sort of activity will probably continue.

The proliferation of texts and emails has also increased the risk of issues concerning sexual harassment. People are becoming more comfortable sending inappropriate material via an email or text message than they would in person. Now you can harass someone without seeing them or touching them! You can create a sexually hostile work environment via email from the floor below or the office next door. There are also instances where people may not intend for something to be harassment, but it may very well be perceived that way; and sometimes people just don’t think.

What is the best practice for confronting sexual harassment?

• A strong training policy

Employers should be sure they have updated, sophisticated social media policies that address the role social media may play in sexual harassment. Anti-sexual harassment policies should be updated to reflect today’s social media, and social media policies should address its potential role in this area.

One thing that training supervisors need to be aware of is that they can be held personally liable for sexual harassment.

Even if the company has insurance or provides a defense, the company cannot provide them with coverage for punitive damages.

• A readily accessible complaint procedure

You have to develop a culture where people feel they don’t need to put up with sexual harassment, where employees can let someone know and something actually will be done about it. There should be frequent and regular communications with the employees, and I don’t mean standing up in front of a room and lecturing employees about it. It requires being truly “out on the floor” communicating with everyone.

• Responsive investigations

An easily accessible complaint and investigation procedure also should be in place. Employees should also be able to make the complaints anonymously if they feel they need to do so.

• A corporate culture that discourages sexual harassment

Sexual harassment simply put can’t be tolerated at any level. If that culture is created throughout the organization, you have much less chance of having a problem.

Sexual harassment is still a major issue, but one that can be dealt with relatively successfully if handled up-front and consistently.

Bobby Bland PWCA, CIC
Vice President
Commercial Risk Service