Workplace Articles By BCC
Page 1 | Page 2 | Page 3 | Page 4 | Page 5 | Page 6
Guidelines for Employers
In light of the growing complexity of sexual harassment issues, the following guidelines are offered to employers:
1. Prohibit Inappropriate Behavior
- Adopt and enforce organizational policies that prohibit all forms of inappropriate workplace conduct.
- Review existing sexual harassment policies and make revisions, if necessary.
- Explicitly prohibit same-gender sexual harassment.
- Broaden the policy to address behavior that is inappropriate, though not necessarily illegal.
- Adopt a policy that prohibits discrimination and harassment based on actual or perceived sexual orientation.
- Redistribute the organization's anti-harassment policies with a strong statement of support from upper management.
2. Educate the Workforce.
- Remember that prevention remains the key element.
- Train all employees about current standards, regardless of historical norms.
- Provide guidelines for managers to ensure that situations are addressed fairly and consistently.
- Conduct training for Human Resources staff so that potential biases do not preclude successful resolution of complaints.
3. Take All Complaints Seriously.
- Evaluate each complaint in its particular context.
- Assess each situation from the point of view and experience of the recipient of the behavior, using a standard of reasonableness.
- Use consistent standards.
- Remember that the employer has an ethical responsibility to address inappropriate behavior, regardless of the legality of the conduct.
4. Take Appropriate and Consistent Action.
- Hold all employees accountable, regardless of gender, sexual orientation, or position in the organization.
- If a violation has been found, take immediate and appropriate corrective action.
- Ensure that any action taken is fair, consistent, and appropriate to the severity of the violation.
5. Create an Environment of Safety and Respect.
- Understand the issues.
-Sexual harassment is unwelcome conduct of a sexual or gender-based nature. -Depending on the specific behavior, sexual harassment can simultaneously be a form of harassment based on sexual orientation. - Dispel the common myths.
-Sexual harassment does not require that a sexual demand be made.
-Same-gender sexual harassment need not be perpetrated by a gay person.
- Directly address the discomfort regarding issues of sexual behavior or sexual orientation by those responsible for managing them.
- Take affirmative steps to remove all barriers, including homophobia, that contribute to employees' reluctance to surface complaints.
- Remember that people will only speak up if and when it feels safe to do so.
--------------------------------------------------------------------------------
[1] Wright v. Methodist Youth Services, 511 R. Supp. 307 (N.D. Ill. 1981)
[2] Mogilefsky v. Superior Court, 20 Cal. App. 4th 1409 (1993)
[3] Garcia v. Elf Atochem North America, No.93-1257 (5th Cir. July, 1984)
[4] Fox v. Sierra Development Company, 876 R.Supp. 1169 (D.Nev. 1995)
[5] Prescott v. Independent Life and Accident Insurance Company, Civ. No. 94-A-383-N (USDC NALA, August 9, 1995)
[6] Yeary v. Goodwill Industries, 107 F.3d 443 (6th Cir. 1997)
[7] McWilliams v. Fairfax County Board of Supervisors, 72 F.3d 1191 (1996)
[8] Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138 (4th Cir. 1996)
[9] Easton, et al., v. Crossland Mortgage Corporation, 905 F.Supp. 1368 (C.D.Cal. 1995)
[10] Quick v. Donaldson Company, No. 4-94-CV-20093 (USDC SIowa August 4, 1995)
[11] Oncale v. Sundowner Offshore Services, 96-568
© Copyright 2006