FAXNEWZ Handout #
7024
Success
June, 1998, pgs 64-67
Of Nice
and Men
The hardest thing to
swallow about sexual harassment law is that youre responsible
for the sexual climate of your entire company, not just for your own behavior. In many
cases you can be held at fault even if you had no idea the harassment was going on.
The downside risk is staggering. Unlike personal injury lawsuits, sexual harassment
suits dont really have any set parameters for damages because its a new field.
Know that there are two types of sexual harassment. Quid pro quo sexual harassment
occurs whenever a person in a position of authority uses that power to make an
underling engage in unwanted sexual behavior. Hostile work environment sexual
harassment occurs whenever an employee or group of employees repeatedly exposes
others to unwanted sexually oriented remarks, gestures, pictures, or behavior, to the
extent that a reasonable person would find the actions offensive.
To help create an atmosphere where real sexual harassment cannot thrive:
1. Write the wrongs. Establish comprehensive sexual harassment guidelines and put
them in your employee handbook.
2. Take a cold shower. A little self-censorship can be highly effective in keeping the
hostile environment bug from infecting your workplace.
3. Cringe benefits. If you could say it on prime time TV, it is probably OK in the
workplace. But if you cringe at the thought of having a camera crew capture you,
then you are probably over the line.
4. Speak of the Devil. Assign someone who can make other people feel comfortable
to the task of monitoring sexual harassment.
5. Take action. When a complaint is lodged, be sure to:
o Interview the aggrieved employee.
o Indicate that the company is seriously concerned.
o Interview the accused.
o Conduct and investigation.
o Make a decision.
6. Hire alarms. Power hungry and dictatorial managers are more likely to harass people
and are bound to have strained relationships. Employees will be more likely to sue if
they feel that they want to get back at somebody. Create an environment where people
feel comfortable.
7. Use protection. Use insurance policies that cover your company for sexual harassment.
8. Do it with the lights on. Sexual harassment is the kind of virus that grows
best in
the dark. Talk openly about your policies, invite your employees to state their feelings,
and listen.