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Avoiding Sexual Harassment in the Workplace: Its not just HR’s Job

As human resources consultants, we often receive inquiries from employees and employers on how to avoid sexual harassment in the workplace. Sexual harassment is a form of workplace discrimination that violates federal and state laws. Employers have a legal obligation to provide a safe and harassment-free work environment for their employees. In this blog post, I will provide some practical tips for employers and employees on how to avoid sexual harassment at work.

Employer Responsibilities

Employers have a legal obligation to prevent sexual harassment in the workplace. Here are some steps that employers can take to ensure a safe and harassment-free work environment:

  1. Develop and Implement an Anti-Harassment Policy

    Employers should develop and implement an anti-harassment policy that clearly outlines what constitutes sexual harassment, how to report it, and the consequences for those who engage in such behavior. The policy should also include a complaint procedure and an assurance of non-retaliation for those who report harassment.

  2. Train Employees and Managers

    Employers should provide training to employees and managers on how to identify and prevent sexual harassment in the workplace. The training should include examples of what constitutes sexual harassment and how to report it. The training should also emphasize that all employees have a responsibility to prevent and report sexual harassment in the workplace.

  3. Investigate Complaints Promptly and Thoroughly

    Employers should investigate all complaints of sexual harassment promptly and thoroughly. The investigation should be conducted in a confidential manner and should involve interviewing the complainant, the alleged harasser, and any witnesses. Employers should take appropriate disciplinary action against those who engage in sexual harassment.

Employee Responsibilities

Employees also have a role to play in preventing sexual harassment in the workplace. Here are some steps that employees can take to avoid sexual harassment:

  • Understand What Constitutes Sexual Harassment

Employees should understand what constitutes sexual harassment in the workplace. Sexual harassment can take many forms, including unwanted sexual advances, inappropriate touching, and offensive jokes or comments. Employees should report any behavior that makes them feel uncomfortable or violated.

  • Report Harassment Promptly

Employees should report any incidents of sexual harassment promptly. Employees should follow the complaint procedure outlined in their employer's anti-harassment policy. It is important to report harassment as soon as possible to prevent it from escalating and to ensure that the employer has a chance to investigate and take appropriate action.

  • Document Incidents of Harassment

Employees should document any incidents of sexual harassment, including the date, time, location, and what was said or done. Documentation can be helpful if an investigation is necessary or if legal action is required.

  • Be a Good Bystander

Employees should be good bystanders and speak up when they witness inappropriate behavior. This can include intervening in a situation, reporting the behavior to a supervisor, or offering support to a colleague who has been harassed.

Conclusion

Manager inappropriately touching one of his direct reports.

Sexual harassment in the workplace is a serious issue that can have negative consequences for both employees and employers. Employers have a legal obligation to provide a safe and harassment-free work environment, while employees have a responsibility to report any incidents of sexual harassment. By developing and implementing an anti-harassment policy, providing training to employees and managers, and taking prompt and thorough action against those who engage in sexual harassment, employers can create a workplace that is safe and respectful for all employees. Employees can also play a role in preventing sexual harassment by understanding what constitutes sexual harassment, reporting incidents promptly, documenting incidents, and being good bystanders. By working together, employers and employees can create a workplace that is free from sexual harassment.