Preventing Sexual Harassment in the Workplace

Most small business owners strive to create a positive work environment for their employees that’s free from any kind of harassment, including sexual harassment.

But what specifically constitutes “sexual harassment”? Are there specific behaviors that are (or are not) considered sexual harassment from a legal perspective? Or is there a significant amount of gray area that’s open to interpretation on the part of employers, employees, and the courts?

Defining sexual harassment

In its employment guidelines, the 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.” More specifically, such behavior constitutes sexual harassment when the following conditions apply:

• Submission to such conduct is interpreted (either explicitly or implicitly) to be a condition of employment.
• Submission to or rejection of such conduct by an individual is used by an employer as a basis for employment decisions.
• Such conduct unreasonably interferes with an employee’s work performance, or it creates an intimidating, hostile, or offensive working environment for the employee or other employees.

The EEOC also defines the term “subtle sexual harassment,” which it calls “unwelcome behavior of a sexual nature that, if allowed to continue, could create a quid pro quo and/or hostile work environment for the employee.” A hostile work environment is defined by the EEOC as “a work environment created by unwelcome sexual behavior, or behavior directed at an employee because of his or her sex that is offensive, hostile, and/or intimidating and that adversely affects the employee's ability to do his or her job.”

What is "unwelcome sexual conduct"?

The key word in these definitions is “unwelcome.” So how is “unwelcome sexual conduct” defined? Simply put, sexual conduct is unwelcome if the employee who is subjected to it considers it unwelcome.

Unfortunately, all this creates a lot of potential gray area, and plenty of room for a he-said/she-said situation. To help employers, the EEOC has identified a list of behaviors that could constitute sexual harassment. This list includes everything from the obvious (e.g., actual or attempted rape or pressure for sexual favors) to the more subtle (e.g., giving personal gifts or even hanging around an employee excessively).

More articles from AllBusiness.com:

• Sexual Harassment in the Workplace – Forming a Basis for Prevention and Management
• 4 Signs Your Business’ Work Environment Might Be Hostile
• Employment Disputes: Tips for the Employee on How to Prepare for an EEOC Mediation
• How Any Business Can Create a Culture of Belonging in the Workplace

The following are among the behaviors that the EEOC lists as potentially constituting sexual harassment:

• Unwanted deliberate touching, massaging, leaning over, or pinching; sexual looks or gestures; letters, email, phone calls, or other materials of a sexual nature; sexual teasing, jokes, or remarks; or pressure for dates
• Whistles, cat-calls, and references to other employees as “ hunk,” “doll,” “babe,” or “honey”
• Sexual innuendos or stories; asking personal questions about another employee’s sex life, sexual fantasies, or preferences; and turning work discussions into sexual topics
• Making sexual comments about another employee’s clothing, anatomy, or looks
• Standing uncomfortably close to or brushing up against another employee; staring at or looking an employee up and down; or giving other sexually suggestive nonverbal signals

Creating a safe work environment

The best way to create a healthy work environment where sexual harassment is discouraged is to adopt a zero-tolerance policy. This starts with drafting rules and regulations that identify specific behaviors (like those listed here) that will not be tolerated in your workplace and communicating these rules clearly to all employees in the employee handbook.

Next, employees must be made to feel comfortable reporting incidences of sexual harassment, without fear of intimidation or reprisal. Include with your rules guidelines for employees if they feel they are being subjected to sexual harassment, for example, to whom they should report the harassment, how they should report it, and the specific steps that will be taken by your company to investigate their complaints.

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About the Author

Don Sadler is a freelance writer and editor specializing in business and finance.