As charges of sexual harassment in the workplace continue to escalate and make media headlines, there is more information (and misinformation) available on the subject than ever before. Here are some popular myths, shattered by the facts.

Myth: Sexual harassment occurs mainly in blue-collar settings.

Fact: Claims for sexual harassment are occurring with increasing frequency in white-collar workplaces, including hospitals, doctors’ offices and other healthcare environments.

Myth: Sexual harassment claims are usually thrown out of court and rarely result in serious damages.

Fact: While it is true that employers are paying less in jury awards and winning more often, average defense costs, regardless of outcome, are estimated at $100,000 per claim. And in California, for example, verdict surveys reveal that the average jury award in employment cases remains close to $1 million.

Myth: If there are no complaints, one can one can assume there is no sexual harassment.

Fact: A lack of complaints is the most inaccurate indicator employers can use to determine if sexual harassment situations exist within their organizations. Victims’ responses may include the following: putting up with it, taking time off, becoming less productive or quitting.

Myth: What people do with each other at work is solely their own business.

Fact: Employers are legally responsible for ensuring a safe and hostility-free workplace. Employers are liable for acts of harassment committed by employees whether or not the employers were aware of them.

Myth: Sexual harassment problems will go away or correct themselves.

Fact: Wrong. They will likely result in a claim.

What constitutes sexual harassment?
To help prevent claims for sexual harassment, it’s necessary to first understand what sexual harassment is.

In legal terms, sexual harassment is any unwelcome conduct that creates an intimidating, hostile or offensive work environment, or that links the employee’s job status to his or her response.

Applying the following four criteria to any words or actions in question can help determine whether they constitute sexual harassment:

• The perpetrator would not say or do them in the presence of a spouse or lover.
• The perpetrator would not feel comfortable having them reported in the local news.
• They are not necessary to the business at hand.
• They are unwelcome.

According to the U.S. Equal Employment Opportunity Commission, sexual harassment can occur under a variety of circumstances: The victim as well as the harasser may be a man or woman, and they may be of the same gender; the harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a nonemployee; the victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

It is incumbent upon the employer to ensure that employees are educated as to what constitutes sexual harassment. A required training program for all employees is essential to clarify what is and what is not acceptable workplace conduct.

Adopt a policy
Sexual harassment claims can be successfully defended if an organization has a written, well-publicized anti-harassment policy in place. The policy should define sexual harassment, list examples of it, state that it will not be tolerated, designate at least two supervisorial personnel to whom employees can go with complaints, and assure that complaints will be investigated. The policy should also state that retaliation against the complainant is illegal and that he or she can expect confidentiality unless it compromises the investigation.

The anti-harassment policy should be posted and distributed to all employees, and a signed acknowledgment should be kept in each employee’s file, stating that he or she has read and understood it. Also, whenever the policy is updated or changed, it should be redistributed, and a new acknowledgment should be signed.

Handle complaints carefully
All complaints reported to a designated supervisor must be investigated promptly. It is important that the supervisors placed in charge of handling complaints are well-trained and conduct the interviews in a supportive and nonjudgmental manner. They should ask the following questions:

• Who harassed you?
• What did the person do?
• What did you do or say in response?
• When and where did this incident occur?
• Were there any prior incidents?
• Were there any witnesses?
• Do you know if this person has harassed anyone else?

Sexual harassment complaints must be investigated without delay. The protocol should be written as part of the policy and specifically direct the supervisor to put a full account in writing. An investigation is mandatory, even if the victim insists that no action be taken. Documentation regarding the investigation of a sexual harassment complaint must be kept in a separate file; it is not part of a personnel record.

In clear-cut cases of harassment, a resolution must be reached that takes appropriate action and helps prevent future incidents. If the investigation fails to determine exactly what happened, it may be necessary to hire a mediator.

Conclusion
Developing an employee-friendly policy and applying it consistently and fairly can help prevent incidents of sexual harassment, resolve disputes internally and facilitate immediate corrective action, all of which can reduce the number of claims filed. Employers who disseminate their anti-harassment policy and conduct employee training sessions on this subject are less likely to find themselves in court for sexual harassment-related allegations.