Points That Should Be Included In A Company’s Policy On Sexual Harassment

Employers have the responsibility to maintain an ethical workplace – free from sexual harassment. Pursuant to Title VII of the Civil Rights of 1964, sexual harassment is a form of sex discrimination.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

According to U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment can occur in different circumstances like the following:

• The victim and the harasser may be a woman or a man. The victim does not have to be of the opposite sex
• The harasser can be them victim’s supervisor, a supervisor in another area, a co-worker, or a non-employee
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim
• The harasser’s conduct must be unwelcome

It is imperative for employers to act before a sexual harassment incident occurs. The EEOC encourages companies to make a plan to prevent sexual harassing from happening. Employers are advised to express strong disapproval, make appropriate sanctions, and inform employees of their rights regarding sexual harassment.

Employers need to have a comprehensive and detailed written policy on sexual harassment. A recommended basic policy should have:

• An expressed commitment to eliminate and prevent sexual harassment
• A detailed definition of sexual harassment
• Explanation of penalties and sanctions the employer will enforce in case of sexual harassment incident
• A specified outline of the grievance procedure employees should use
• A commitment to keep all sexual harassment complaints confidential

Sexual harassment is a rising concern in the United States; EEOC data say that approximately 15,000 cases are filed annually. It is best for companies to strictly conform to the law. Employees have the right to file a sexual harassment suit against his or her harasser if an incident occurs.