Sexual Harassment Prevention

1. All supervisors must be trained on sexual harassment within six months of hire if they can’t show proof that they have already received training.

The State of Connecticut passed a law in 1992 requiring all supervisors to receive training on Sexual Harassment Prevention. The law says that a new supervisor must be trained within six months of being hired or promoted to a supervisor’s position.

Even if your state does not have this law, it is a good practice to prevent sexual harassment in your organization through training. When supervisors are aware of your organization’s commitment to a workplace free of harassment, you reduce the chance of having incidents and claims.

Supervisors are management’s representatives and they should set an example for a workplace free of harassment and hostility. Unfortunately, it is very common for supervisors to use their position of power to sexually harass employees. Scheduled training reminds supervisors of the importance of prevention and their duty to enforce company policies.

Contact Randi Frank if you’re not sure your policy or training is up to date.
Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

2. All supervisors must be trained to report any incident to company management, even if it’s not related to their department.

When it comes to claims, Sexual Harassment Prevention laws take the position that the employer/management team should have known that Sexual Harassment was happening in the workplace. Supervisors need to understand they are part of the management team—in fact, they are the eyes and ears of the Chief Executive Officer. That’s why it is important for supervisors to inform Human Resources or upper management (CEO, COO) if they notice Sexual Harassment in the workplace or if an employee reports an incident—even if it does not involve their direct employees or does not happen in their department.

Keep in mind, though, that employees may not be comfortable talking to their supervisor about a sexual harassment incident. Employees should have the option of talking with another supervisor or member of management to report a concern or incident.

The law requires organizations to ensure they are free of Sexual Harassment, and claims are brought against employers when they haven’t done that. Of course, management can’t be everywhere. That’s why they rely on supervisors to enforce the policy for sexual harassment prevention and report any concerns or incidents.

If your employees and supervisors need training or your company’s policy isn’t up to date, contact Randi Frank. After discussing your particular needs, Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

3. All employees should receive a copy of your organization’s Sexual Harassment Prevention Policy.

Employees should receive a copy of every company’s or organization’s Sexual Harassment Prevention Policy so they understand the definition of Sexual Harassment and how it can be prevented. The policy should also tell employees how to report concerns or incidents.

Your company’s policy should also stress that all employees are to be treated with respect and not be subject to harassment or hostility. And it should reassure employees they will not be retaliated against if they file a complaint.

Providing a copy of the policy also shows management’s efforts to promote a sexual harassment-free environment.

Contact Randi Frank if your supervisory training isn’t up to date. Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

4. The Sexual Harassment Prevention Policy must include several ways that employees can report incidents or concerns—not just talking with their immediate supervisor.

It is important to give employees and supervisors a variety of methods to report concerns and incidents of Sexual Harassment.

Sometimes Sexual Harassment incidents happen between people within a department, or in a small department where everyone knows each other. It might be difficult for the victim to speak up about incidents that involve people they work with every day.

Therefore, every policy should give the victim options to talk to other supervisors, someone in Human Resources, the Chief Executive Officer, other management personnel, or even an outside attorney or someone on the Board of Directors.

The lawsuit Meritor Savings Bank vs. Vinson (1986) made it clear how important it is for employees to have reporting options. In this case, the victim, Ms. Vinson, had no one to report to other than her supervisor—and he was the one sexually harassing her. The courts do not look kindly on this.

Contact Randi Frank if your employees and supervisors need training on your company’s Sexual Harassment policy. Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

5. Employees should have the option of speaking with either a female or male manager about their concerns.

Sexual Harassment incidents are very personal and uncomfortable for the victim. Describing a sexual harassment incident in detail, as one must do when making a report, can be very embarrassing, especially if it involves personal sexual terminology.

To help alleviate the discomfort, it would be good if the victim had the option of speaking with someone of the same gender about the incident. If your company has at least one female and one male supervisor or manager for the victim to approach, that would be ideal.

If your organization is predominately male or female, you may need to find someone of the opposite gender outside of the organization who would serve in this capacity—like an attorney or consultant or even someone on your Board of Directors.

If your employees and supervisors need training or your company’s policy isn’t up to date, contact Randi Frank. After discussing your particular needs, Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

6. All employees, including supervisors and management, should receive training on how to report incidents.

Even though many Sexual Harassment Prevention Laws require training of supervisors only, it is important to train all employees. Two ways to do this would be to schedule periodic training classes or discuss the Sexual Harassment Prevention Policy with new employees during orientation.

Employees need to understand the definition of Sexual Harassment and that it can happen between two employees, or between a supervisor and an employee, or even by customers. They also need to know how to file a claim and that they have the option of talking with another supervisor or member of management to report a concern or incident. If they don’t know your company’s process, employees might go directly to the Equal Employment Opportunity Commission (EEOC) with an issue that could have been easily resolved in-house.

The training also reinforces that your company has a Sexual Harassment Prevention Policy, that such behavior is prohibited and how employees can address the issue.

Contact Randi Frank if your company’s Sexual Harassment policy needs updating. Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

7. All employees, including supervisors and management, should receive a refresher course on Sexual Harassment Prevention every 2 to 3 years to remind them about the existing policy.

Since Sexual Harassment is such a sensitive issue, it is important to establish a culture that prohibits Sexual Harassment and treats all employees with respect. Training classes help, and they also give you a chance to discuss other types of discrimination or harassment that are prohibited.

Training every 2 to 3 years reminds supervisors and employees about the policy and the methods for prevention or reporting. Consistent training also shows that everyone was aware of the policy and the process for reporting. You might need this as evidence if one of your employees files a claim—it could help you win your case or reduce the cost of a settlement.

Contact Randi Frank if your employees and supervisors need training on your company’s Sexual Harassment policy. Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

8. Distribute your Sexual Harassment Prevention Policy every year.

It is important to distribute your Sexual Harassment Prevention Policy every year that you don’t have training or a refresher class. This keeps a focus on the issue and reminds employees and supervisors about the policy and reporting procedures.

During training, part of the class should be a review of the policy. Distributing the policy shows that everyone was made aware of it and knows the process for reporting. You may need to show this evidence if someone files a claim, and the information may help you win your case or reduce the cost of the settlement.

If your employees and supervisors need training, contact Randi Frank. After discussing your particular needs, Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

9. If they knew it was happening and did nothing about it, both employers and employees can be sued for Sexual Harassment. (And employees can be arrested if the sexual harassment is really sexual assault.)

Sexual Harassment lawsuits are continually highlighted in the news and the EEOC (Equal Employment Opportunity Commission) reports that Sexual Harassment in U.S. companies is very common—even so many years after the implementation of the Sexual Harassment Prevention Laws.

Sexual Harassment lawsuits can cost your organization hundreds of thousands of dollars per case—money that could be better spent for things like capital improvements and salary increases. As an employer, you can be sued because you should have known Sexual Harassment was happening, especially since all management personnel are instructed to report such incidents.

Employees who commit Sexual Harassment can also be sued, especially if the incident is really sexual assault. These lawsuits become public very quickly; they can destroy an organization’s reputation and affect employee morale. This is why training, policy distribution and prevention are so important.

Contact Randi Frank if your company’s Sexual Harassment policy or training program isn’t up to date. Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!

10. It is unlawful to retaliate against an employee who files a sexual harassment complaint. Your employees should know this because retaliation cases can cost as much money in the courts as Sexual Harassment cases.

The EEOC (Equal Employment Opportunity Commission) reports there are more retaliation lawsuits then actual Sexual Harassment lawsuits. This is because supervisors or management forgot—or didn’t know—that an employee has every right to file a Sexual Harassment complaint without fear of retaliation. You cannot fire an employee because he or she made a complaint or fire a witness who testified to witnessing Sexual Harassment.

(If an employee files a false statement and it can be proved, then your company’s discipline can be applied.)

Discrimination against or unfair treatment of employees during sexual harassment investigations can easily become a retaliation lawsuit—and can cost as much or more as a sexual harassment lawsuit.

Contact Randi Frank if your employees and supervisors need updated Sexual Harassment training. After discussing your particular needs, Randi can give you a quote for Sexual Harassment Prevention Training and Policy Development.

See my Web Site for more tips!