Protect Yourself from Sexual Harassment Claims

Sexual harassment claims are serious. Even if you're unaware that someone in your office is being harassed, as the business owner, you can still be held responsible. While it may not sound fair, the U.S. Supreme Court has deemed that employers can be held liable for damages — even if they don't know

What Is Sexual Harassment?
The U.S. Equal Employment Opportunity Commission defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." The conduct must be sufficiently frequent or severe to create a hostile work environment or result in a "tangible employment action," such as hiring, firing, promotion, or demotion. While this definition is open to interpretation, you need to be concerned with how you can protect yourself and your company from damages resulting from a sexual harassment claim. At a minimum, employers need to create, publicize, and enforce an anti-harassment policy, including creating a system through which complaints of harassment are investigated properly. (While sexual harassment receives the most attention, a harassment policy should also address conduct directed against other employees based on their race, color, religion, national origin, age, and disability.)

Beyond adopting a harassment policy, a key way in which employers can protect themselves against harassment claims is by providing a formal, mandatory sexual harassment training program. While federal law does not require that companies provide this type of training, some states (such as California) do. But whether your state requires it or not, providing sexual harassment training to your employees will help to:

• Raise awareness and understanding. Training helps employees understand the limits of acceptable behavior and reduce the likelihood that they will cross the line.
• Create a comfortable workplace. Sexual harassment creates a hostile atmosphere that inhibits your employees' ability to work effectively. Establishing a process for reporting sexual harassment and outlining it during the training will help employees feel more comfortable in the office — even if they don't actually need to file a complaint. It also shows them that you've taken steps to open the lines of communication.
• Protect your company from liability. As an employer, you're legally responsible for addressing sexual harassment in the workplace. Training programs have been officially recognized in court as a component of an employer's active attempt to prevent harassment and to empower employees to protect themselves from harassment.

Remember, it's not up to you to determine whether or not an employee's claim meets the legal definition of sexual harassment. Consult your lawyer for advice about how to handle a sexual harassment claim or deal with a problem in your workplace.