The development and implementation of a formal sexual harassment policy in an organization can play a major role both in the prevention of claims and in defending the organization from claims that are made. Organizations that do not have a sexual harassment/discrimination policy would be well served to get one fast. Such a policy should communicate "zero tolerance" toward sexual harassment and be included in an employee handbook or a formal memo with each employee required to sign an acknowledgement that he or she received and read the policy.
In recent years, organizations have been more proactive in their efforts to reduce incidents of workplace sexual harassment. That's the good news. The bad news is that increased awareness of sexual harassment and encouragement to report incidents has generated a growing number of complaints. In 2002, the federal Equal Employment Opportunity Commission reported 14,396 charges of sexual harassment (nearly 15% from men) and resolved 15,792 charges including $50.3 million in monetary benefits for charging parties. The foregoing excludes any monetary benefits recovered through litigation.
An organization can be held liable not only for actual incidents of sexual discrimination, but also for not taking adequate steps to prevent sexual harassment. It is estimated that the cost of resolving sexual harassment claims averages $6.7 million/year or $282 per employee for Fortune 500 size companies. By contrast, the cost of implementing an effective sexual harassment policy to prevent these claims is estimated at $200,000 or $8 per employee.
It is critical that organizations take measures to prevent sexual harassment incidents. Smaller size organizations can be especially vulnerable to claims of sexual harassment since they are often less likely to have developed a formal training or education program to deal with the problem. A formal written program is a good starting point. Additional measures organizations can take to prevent sexual harassment incidents include the following:
- Provide more than one way for employees to file a complaint. (e.g. an employee hotline, contacting an HR representative or their supervisor.) If possible the employee should have an option of talking to a male or female representative.
- Facilitate sexual harassment training. (e.g. online training or an educational video.)
- Hold an annual meeting with supervisory personnel to review the sexual harassment policy.
- Make sure that any complaints are promptly investigated and that the results of the investigation are documented, including any corrective measures taken in response to the complaint. The investigation should include a follow-up with the employee to make sure that there was no retaliation.
Remember, prevention is often the best defense. An informed and alert workforce is less likely to engage in inappropriate behaviors in the first place, and they are more likely to be aware of how to resolve or deflate situations should they arise.