Periodically remind employees about policy through memos, articles in employee newsletters, in employee meetings, or some other means that you regularly use for communication. Use posters about policy and sexual harassment on employee bulletin boards; they should summarize policy and state how to obtain further information.

Training. Training and retraining that explains sexual harassment and its impact on workplace environment are essential for preventing harassment and should be provided on an ongoing basis.

The U.S. Supreme Court ruled in 1998 that where employer has and communicates a proper policy forbidding sexual harassment and a reasonable procedure through which employees who believe they have been harassed can make complaints and have them investigated, an employee who believes he or she has been harassed must use employer’s procedure rather than filing a lawsuit. The purpose of sexual harassment law, court said, is not for courts to intervene between employers and employees. Rather, purpose is to encourage employers to take steps to prevent sexual harassment and remedy it if occurs. That’s why steps employer takes to prevent and remedy it are crucial to question of liability.

In contrast to widespread misconceptions, sexual harassment is not use of occasional off-color language, telling a few dirty jokes, complimenting a member of opposite sex on his or her appearance, a single incident of mildly inappropriate touching, or other behavior that might make some people uncomfortable or upset. The courts have generally held that everyone has to put up with a certain amount of behavior in workplace that he or she finds unpleasant or even offensive. Sexual harassment is behavior that is so severe or so pervasive that it deprives victim of same opportunities for economic success that are enjoyed by someone who has not experienced such harassment.

This does not mean, however, that employers should ignore reports of behavior that is based on sex and is inappropriate, unprofessional, disrespectful, and/or offensive. It’s impossible to make black and white rules as to exactly when a line is crossed between merely offensive behavior and behavior that is so severe or pervasive it would interfere with ability of any reasonable person to perform his or her job. For this reason, many experts suggest training that helps employees understand that certain behavior—whether it is technically sexual harassment or not—is high risk and inappropriate in any work-related setting.

Copyright 2004

Myron Curry is President and CEO of BusinessTrainingMedia.com a leading provider of workforce and business development training programs designed exclusively for corporate deployment. Myron has over 20 years of successful management experience with leading fortune 500 companies and has written numerous articles about workforce management issues. You can contact Myron at: myron@business-marketing.com or visit his company's website http://www.businesstrainingmedia.com

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