Sexual Harassment: Does it Still Exist?

Sexual Harassment. Does it still exist in the workplace? You would think that by now with all of the training and exposure in the media, movies and literature that everyone would know what Sexual Harassment is and what will happen to them if they participate in it. However, this isn't the case. According to a survey done by Louis Harris and Associates, 31% of women and 16% of men have experienced Harassment at work. Are the perpetrators ignorant or do they just don't care? It's probably a little of both.

There are two legally defined definitions of Sexual Harassment - Quid Pro Quo and Hostile Work Environment harassment. Quid Pro Quo means "something for something". This is where a job benefit is directly related to submitting to the harassment - like a promotion or the threat of losing a job. Hostile Work Environment harassment means an employee is subjected to unwanted sexual contact, or unwanted sexual words or pictures. There is no threat of a job gain or loss with this type of harassment. This type of harassment usually needs to be of an ongoing nature and a single incident unless it is particularly outrageous usually does not constitute harassment.

The problem for employers is that as of 1998, the Supreme Court made them more liable for Harassment done to their employees. An employer is liable if they knew or should have known about Sexual Harassment between coworkers and did nothing about it. If the harassment involves a supervisor/employee relationship and the harassment results in a firing, demotion or an unfavorable assignment, then the employer is liable. The employer can also liable for hostile work environment if they did not immediately correct a known problem or a problem they should have known about. As a defense in a lawsuit, documented preventative training goes a long way as a defense as does immediate correct of a problem.

The best way to prevent harassment in the first place is to have a clearly documented sexual harassment policy and to do preventative training. There are a number of excellent sexual harassment video training programs on the market. DVD/Video based programs can show specific examples and employees understand the more subtle types of harassment. Most of these packages contain employee handouts and forms as well as a comprehensive leader's guide to help employers conduct the training without an outside consultant or expert.