Stemming the Tide of Sexual Harassment in the Workplace

Conversations about the pervasiveness of sexual harassment and abuse are taking place everywhere. The ongoing saga of well-known individuals encountering the shame of accusations of sexual misconduct continues to lead the headlines. The recent increase in allegations of sexual harassment and assault has led some confessed offenders to seek help to address their despicable behavior.

However, as Vaile Wright, director of research and special projects at the American Psychological Association explained to the New York Times, “[t]here are no evidence-based programs I know of for the sort of men who have been in the news recently.” Thus, the evidence is that psychological and psychotherapy methods of treatment do not have a successful track record of curing or adequately addressing these problems.

When the tide of harassment reaches the place where the perpetrator is shamed and searching for help and recovery, the workplace has already been wounded.

What can employers do?

There are proactive and substantive courses of action that employers can take to prevent sexual harassment in the workplace. Workplaces must have comprehensive and effective anti-harassment policies and procedures in place. This is crucial if incidents of abuse are to be significantly reduced and the ability of companies to react appropriately is to be improved.

Let’s review a quick primer that businesses can follow to address potential and existing sexual harassment issues in-house.

The hiring stage

A difficult, but necessary first step involves discussing the issue of sexual harassment during the interview/hiring process. Prospective employees must be informed about the organization’s absolute commitment to fostering a workplace culture and environment free from any form of harassment or abuse. A system that has hiring managers evaluating the risks of sexual abuse connected with a particular position can prove beneficial in the long run. Discussing these risks and other issues with candidates is a necessary preventative measure to minimize trouble down the road.

Building a company culture in which everyone’s safety and dignity is respected begins with hiring individuals who understand and buy into this commitment.

Establish company policy on sexual harassment and abuse

Instituting an organizational policy on sexual harassment and abuse is essential. An effective policy will define exactly what sexual harassment is and outline the consequences of crossing the line. Strict accountability must be enforced in order to protect the safety and welfare of all.

Employees must be given real and actionable recourse if they have been harassed by a fellow employee, supervisor, or customer. Employees must not be made to feel helpless if they have suffered real harassment or abuse. Fair policies will provide employees with options, including both internal and external reporting of sexual harassment. Decisions must be made as to whether senior managers are automatically notified when a report of sexual harassment is filed. Externally, employees may be directed to a rape crisis center, for instance. The overall message provided must be that the organization cares for the safety of its employees and will not countenance any form of harassment or abuse.

Preplan an agreed upon response when an “Untouchable” is accused

Employees referred to as “Untouchables” are those highly valued, key individuals in an organization – CEO, President, Vice President, Operations manager, etc. The talent and capabilities of these individuals makes them hard to replace. Unfortunately, human resource departments may too often bend the rules to protect these individuals from facing harassment allegations and the potential consequences.

It may be prudent to develop and put in place a crisis plan that addresses the possibility of when an untouchable employee encounters a sexual harassment allegation. The company’s leadership, including the Board of Directors, should agree and sign off on the plan before it is implemented. All employees should be informed of the plan. Both the rights of the accuser and due process for the accused are of equal importance.

Having a plan in place prior to an emergency will avoid the need to make decisions in the midst of a crisis. It will also ensure that everyone is provided equal treatment, regardless of their particular rung on the company ladder.

At Taylor & Ring, our attorneys are highly aware of the hurt and fear faced by sexual harassment victims. We also understand the obstacles that prevent many claims from being heard. If you have suffered sexual harassment or abuse in the workplace, we can sit down with you to review your options and forge a path ahead to obtain justice on your behalf. Call us today at 310-776-6390 or reach out through our contact form.