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Equal Employment Opportunity Commission (EEOC) lawsuits to settle sexual harassment cases are a nightmare to human resources departments as they continue to be an issue in U.S. businesses.
For example, Chipotle Mexican Grill in Tampa, Fla. agreed to pay $70,000 and other relief in Aug. 2021 after a restaurant employee reported sexual harassment. She was subjected to sexually offensive remarks about her body and inappropriate touching.
Worse, after she reported the harassment to management, she was fired three days later.
Training procedure
This and other EEOC cases should be a wake-up call for companies to revisit and update their anti-harassment training with clear and simple expectations. In addition to the education, employees should be advised on their rights in complaint avenues.
Interactive training should include an in-person visit or short video of the CEO to adequately explain the company policy. The training should also include the potential disciplinary actions and the unacceptable types of behavior.
You should be able to cover these details in one or two hours, but be certain to review your state’s requirements.
Does Your Sexual Harassment Program Pass or Fail?
Your training should have separate sessions for non-exempt and managerial employees. The training should be the same for each.
Why separate sessions? It’s to alleviate fears. Hourly workers might fear they’ll face retaliation, and they might not fully understand what constitutes inappropriate behavior.
To them, sexual harassment isn’t always obvious, even being slapped on the rear end, sexual comments, late-night texts, or invitations to meetings that result in dates. Sexual harassment isn’t always in-person. It can occur in emails or social media.
It must be explained to managers they have more responsibilities – they have to be able to spot harassment and deal with any complaints. Company executives should attend to show the company’s commitment to the harassment policies.
The training should include examples of appropriate and inappropriate behavior. If feasible, there should be discussions about workplace differences, such as diversity, culture and inclusion.
Two categories of sexual harassment
Under Title VII of the Civil Rights Act for employer with 15 or more employees, there can be two types of workplace sexual harassment:
- Quid pro quo harassment takes place when a supervisor wants sexual favors in a tangible job event, such as: ”If you sleep with me, I’ll give you a raise.”
- Hostile work environment occurs if a worker receives unwelcome physical or verbal in a sexual way that affects the employee’s working conditions or if it’s deemed as an abusive work environment.
Some sexual harassment is obvious, for example, touching of breasts or genitals, unwanted kissing, requests for sexual favors, sexual assault, sexually explicit comments, cornering someone in a tight space or unrequested massages.
Other types of sexual harassment:
- Commenting on someone’s looks in front of an employee
- Incessant compliments about an employee’s appearance
- Discussion of sex in front of an employee
- Inquiring about an employee’s sex life
- Giving undesired gifts of a romantic or sexual nature
- Making sexual jokes
- Asking about dating preferences or sexual history
- Distributing nude pictures or pictures of bikini-clad women (or shirtless men in the workplace)
- Discussing sexual rumors about an employee
- Forwarding sexually suggested emails or texts
- Unwanted touching or hugs
A key benchmark for sexual harassment or a hostile work environment – the behavior is repugnant to an employee and to any reasonable person in the same situation.
Sexist behavior
It might surprise you to learn sexist comments or sexist behavior is construed as sexual harassment. For example, managers shouldn’t tell female employees to be “more feminine.”
Key women employees can’t be uninvited to important workplace meetings or have their work undermined by male coworkers.
Outside the workplace
Managers must protect their workers from sexual harassment by clients or customers and others outside the workplace. If an employer must take prompt action if employees are subjected to harassment – the boss should be alert to the potential of harassment or be aware harassment actually occurring.
On the other hand, it must be made clear to employees the policy is not limited to coworkers — they’re not to harass outsiders, either.
While you might think harassment only concerns women. Not true. There have been cases of women harassing men and same sex harassment. And harassment doesn’t have to be sexual in nature.
Finally, the EEOC has ruled that transgender discrimination is actually sex discrimination.
From the Coach’s Corner, here are other informative HR articles:
Manager Beware – the Most Common EEOC Complaint — Appearances matter, especially if the Equal Employment Opportunity Commission considers you to be a hostile boss. Retaliation by management is the most-common source of EEOC action.
Document Employee Behavior to Withstand Legal Scrutiny — The key to documenting incidents in your workplace is to look into the future. Imagine how others will see your actions down the proverbial road. Here’s how.
Strategies – Reshape Staff to Cut Costs, Avoid Lawsuits — Management best practices include avoiding discrimination lawsuits and not making excuses for poor performing employees. See these tips.
Obstacles to Anticipate Before You Terminate Employees — In our litigious environment, you must prepare for several possible discrimination scenarios to overcome before starting the termination process.
Preventing Legal Headaches from Workplace Relationships — It used to be that consensual romantic or sexual relationships in the workplace didn’t morph into allegations of sexual harassment or favoritism. However, that’s all changed and is why many companies have prohibited consensual relationships.
“To every action there is always opposed an equal reaction.”
-Isaac Newton
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