Educate Employees on Sexual Harassment

Unfortunately, many employers believe they can handle the harassment training themselves when they do not truly know the law. This is a serious mistake on the part of the employer. Such training should be handled by an individual well versed in the current law – preferably a business/employment law attorney.

Regardless of the law’s mandatory provisions on sexual harassment training, I would suggest it is the noble obligation of the employer to invoke training and education to curb sexual harassment in the workforce. Such education and training is in the interest of the employer, employee and society as a whole. Further, such training and education should encompass all sorts of discrimination, not just sexual harassment.

Why should employers be so concerned about sexual harassment? Well, when a company is found liable for violating sexual harassment laws there are serious monetary damages. For example, recently a female bookkeeper for Eastern Properties Inc. claimed she was sexually harassed and unlawfully terminated when she would no longer submit to her boss’s sexual demands. She alleged her boss pressured her to accompany him on dates and to engage in sexual relations with him, telling her that he was the boss and she should do as she was told. She claimed that she complied, fearing she might otherwise lose her job, but eventually refused to continue the sexual involvement and was thus terminated.

Her employer denied all of her allegations, stating that he had never had sexual relations with her, and asserted that she was terminated because her position was upgraded and someone more qualified was needed. The Massachusetts Commission against Discrimination found that the bookkeeper was sexually harassed and that the articulated reasons for terminating her were pretextual. Accordingly, the commissioner ordered the employer to pay $26,851 in damages for lost wages and a whopping $125,000 in damages for emotional distress.

However, beside money damages, an alleged “sexual harasser” may be subject to public ridicule (like President Clinton) and have no claim for recourse. For example, recently a lodging place owner brought a defamation claim against a travel guide for printing in one of its guides that tourists should avoid his lodging place since three different women had sued him for harassment. The Massachusetts Supreme Judicial Court denied the lodging owner’s defamation claim stating the travel guide was protected by the First Amendment.

By now we all should have a flavor of what constitutes sexual harassment – however, if you do not know the true definition I have noted it below.

There are two types of sexual harassment. Quid pro quo and hostile environment sexual harassment. Quid pro quo involves unwelcome sexual advances. Such as a request for a sexual favor or other verbal or physical conduct of a sexual nature initiated by a supervisor or other individual who has managerial power over the employee. The result of the employee’s refusal to engage in the unwelcome conduct may cause a negative effect upon the compensation, terms, conditions, or privileges of employment. Although this type of sexual harassment exists, it occurs less frequently than hostile environment sexual harassment.

Hostile environment sexual harassment involves the creation of a work environment that condones sexual harassment. Sexual harassment in this context again involves sexual advances which include a request for a sexual favor, or other verbal or physical conduct of a sexual nature. Here the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

The bland definitions are sometimes difficult to apply to the real world. Such harassment can come in a variety of ways. That is why employers need outside assistance in order to properly train its employees on what is acceptable behavior and what is not. It is mandatory that all Massachusetts employers with six or more employees have a written sexual harassment policy. Massachusetts is very specific of what every policy must have and how often the policy must be distributed. Most employers have such policies. If you do not, you may be charged with noncompliance by the Massachusetts Commission Against Discrimination. Further, there is no question, if an employer is charged with a claim of sexual harassment and the employer does not have a sexual harassment policy or annually provide training to its supervisors, damages in a finding in favor of an employee will be inflated.

Employers, take responsibility and properly train your employees. It is not only the law, it is your moral obligation to invoke the sense of right and wrong in the workplace. It will save you money in the long run, prevent harm to an employee, and enhance the workforce and community’s knowledge of sexual discrimination.