'Tis the season for sexual harassment training

In just a few festive hours, an employee can do or say something at the annual holiday party (see previous post) that could lead to a sexual harassment claim – and a legal mess that lasts long after the tinsel comes down.

To keep the good cheer in check and protect your company from a harassment claim:

Remind employees of your no-harassment policy. Redistribute the policy before the holiday party, and emphasize that all guidelines will be in full force, even if the party occurs off-site or after work hours. Be certain your employees understand that harassment can be verbal, physical or visual. The areas that could get someone in trouble at a holiday event are most likely verbal and physical harassment, including inappropriate comments, jokes, unwelcome physical contact, invading one’s physical space and offensive gestures.

Make sure all employees and supervisors have received sexual harassment training. If you haven’t conducted sexual harassment training in the past year, consider organizing a one- to two-hour session that covers definitions and examples of harassment, an overview of employee rights, and clear communication that the company will not tolerate harassment of any kind.

A few last tips …

Since you could be found liable for injuries caused by a drunken employee, consider not serving alcohol at all – or taking steps to limit consumption, such as providing a limited number of drink tickets for each employee, closing the bar well before the party ends or offering perks to employees who volunteer to be designated drivers.

Also, stress to supervisors the importance of setting a professional example, and that you’re counting on them to keep an eye on any employee antics that could get out of hand.

'Tis the season for sexual harassment training

Lessons learned from the recent HP sexual harassment scandal

In the aftermath of sensational headlines and Hewlett-Packard CEO Mark Hurd’s sudden resignation, one thing is painfully clear: sexual harassment covers more than just employees.

In the HP case, Hurd’s sexual harassment charge came not from a subordinate or other HP employee but from an outside contractor. This highlights the extended liability companies face when it comes to sexual harassment.

Going beyond “regular” employees

Companies are responsible for protecting a variety of people in addition to employees. This can include job applicants, vendors, temp workers and, of course, contractors. As the recent HP case shows, employees’ actions related to these non-employees can result in claims of sexual harassment.

That works both ways. Employees are also extended protection from harassment by non-employees. A female bus driver brought a case against her employer because she was assaulted by one of her developmentally disabled passengers. She won, in part, because the transportation company took no action even after the driver filed reports about the passenger exposing himself.
The current reality is that harassment of or by non-employees must be treated the same as that of standard employees.

The best offense is a good defense

Like many unwanted situations, the key to handling harassment is prevention. You can accomplish that by taking a few essential steps:

Develop a sexual harassment policy
Clearly define sexual harassment and the fact that your company does not tolerate it. Decide on disciplinary action (including termination) and explain it. Be sure to set up and include a specific procedure for reporting and investigating harassment.

Train your employees (and non-employees)
Administer annual training sessions on sexual harassment. Explain what it is, how to avoid it and what to do when and if it occurs.

Train your managers and supervisors
Conduct these sessions annually for managers and supervisors, too, but separately from employee training. It’s important that they understand the procedure for handling complaints, as well as their role in properly and speedily responding to complaints.

Know the climate
Consider talking to managers and employees (informally, of course) about the tone and mood of the work environment. Ask for their thoughts and feelings – and really listen. And be certain to keep an eye open for pictures, notes, printed e-mails, etc. that may be considered offensive.

Investigate all complaints thoroughly
By taking all sexual harassment complaints seriously, you’re more likely to minimize disruption in the workplace. An immediate investigation helps you get to the heart of the matter and communicates that your company doesn’t tolerate these actions.

Lessons learned from the recent HP sexual harassment scandal

Curbing harassment when clothing choices - and employee behavior - relax

Preventing sexual harassment is a priority in any workplace, at any time, but it takes a new spin during the “easy, breezy” days of summer. When the temperatures are rising, there's more to keeping your cool than running the air conditioner and sipping on iced drinks.

This is a good time to review your company’s dress code policy and specify what’s acceptable. Don’t assume that employees will use their better judgment when it comes to certain clothes (and how much skin they expose). Unless you clearly specify whether or not an item can be worn in the workplace, it’s likely to make an appearance. Are shorts, capris, tank tops, strappy summer dresses, sandals, flip-flops, hats and other warm-weather staples acceptable? And what if an employee shows up to work wearing something inappropriate? Will you send them home immediately, or issue a warning?

Keep in mind, too, that teens may be particularly vulnerable to harassment. Because they are younger and less experienced, they may be reluctant to stand up to harassing behavior. Or they may feel they don’t have the authorization to complain about a colleague, especially one in a more senior position. Further still, uninformed teens may be guilty of harassing another coworker, perhaps without even realizing the boundaries.

Working teens need to know what constitutes harassment, as well as what resources are available to them if they are victimized. Harassment training shouldn’t take a summer vacation: It is essential for reducing incidents of improper behavior among your year-round and seasonal employees.

Curbing harassment when clothing choices - and employee behavior - relax

With summer comes warmer weather ... and more workplace risks

While most of us look forward to the longer, warmer days of summer, this time of year can pose unique challenges for many businesses – especially in the hospitality and entertainment industries. From dress code issues to properly managing a seasonal workforce, you need to be certain you’re towing the legal line during the summer months. This includes:

1. Planning around vacation requests so you’re sufficiently staffed. See Vacation Request & Approval Form (Calendar Format)
2. Preventing sexual harassment when clothing choices — and employee behavior — relax. See Harassment Training Program, “Harassment-Free Workplace: Take Control” and Gradience Handbook Manager software
3. Upholding legal dos and don’ts when hiring temporary summer employees. See The HR Answer Book
4. Understanding child labor issues surrounding teen employees. See SolveIt Now™ Answers to All Your Questions: OSHA Compliance
5. Making the necessary staffing adjustments when employees call out “sick”. See Yearly Vacation Planner
6. Keeping employees safe when the temperatures soar. See Extreme Heat Exposure Kit (Poster & Notifications)

With summer comes warmer weather ... and more workplace risks

Same-sex harassment complaints growing

Dillard’s, Inc. will pay $110,000 and provide significant remedial relief for a same-sex harassment suit in Florida, according to an announcement from the Equal Employment Opportunity Commission (EEOC) last week.

The EEOC claimed that Dillard’s violated Title VII of the Civil Rights Act by permitting a sexually hostile work environment for men at its Fashion Square Mall store in Orlando, Fla. The EEOC charged that a male sales associate and a young dockworker were verbally and sexually harassed by a male supervisor.

The workers accused their supervisor of exposing himself in front of them, making sexual propositions, and making sexually explicit and derogatory comments. According to the EEOC, Dillard’s store managers ignored complaints made by the workers about the harasser.

Dillard’s argued that the store wasn’t liable because the supervisor had been fired and had an anti-harassment policy in place. The court rejected that argument and “found that Dillard's anti-harassment policy could not absolve it of liability if the policy hadn’t been effectively implemented.” (Business Management Daily)

“The EEOC will hold corporate America accountable for failing to prevent and correct employment discrimination,” said Commission Acting Chairman Stuart J. Ishimaru. “Sexual harassment charge filings by men have trended upward over the past decade. Employers must be more vigilant in ensuring that men are not subjected to sexually hostile workplaces.”

In addition to paying $110,000 to the two male victims, the Dillard’s Fashion Square Mall store must:

• distribute policies to the workforce on preventing sexual harassment and retaliation;
• conduct sexual harassment and anti-discrimination training for all employees;
• train employees who are responsible for investigating sexual harassment complaints;
• submit to monitoring throughout the decree’s three-year duration;
• and post a notice about the resolution of the case.

“Employers must diligently enforce policies to prevent sexual harassment and ensure that managers take same-sex harassment complaints seriously. It is vital to protect both men and women from workplace harassment,” said EEOC Miami Regional Attorney Nora Curtin.

The number of sexual harassment charges filed with the EEOC are up 11% from last year and at the highest rate since 2002. Sexual harassment charges filed by men make up 16% of total charges, a figure that once stood at 12% in the late 1990s.

Sexual harassment is sexual harassment no matter if it’s male-on-female, male-on-male or female-on-female. Even if the harassment doesn’t look exactly like what was taught in the training video, it should still be handled with the same sensitivity and diligence that would be given in any “normal” situation.

According to Mindy Chapman, Esq., of Mindy Chapman & Associates, in a recent Business Management Daily article, companies can learn three major lessons from this case:

1. Train “it.” Anyone designated in your anti-harassment policy’s reporting procedures needs to know they could be tagged “it” with a complaint. Train them so they know “it.”


2. Script “it.” The store manager should have responded by saying, “Thank you for letting me know. You are important to us at Dillard’s. I will help you immediately.” Then he should have, in the next breath, contacted the district manager.


3. Stop “it.” The manager had an obligation that if he saw “it,” heard “it,” or heard about “it,” he should have stopped “it,” but never ignored “it."

Same-sex harassment complaints growing

Use sexual harassment training as prevention, not punishment

Cracker Barrel Old Country Stores, Inc. will pay $255,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Opportunity Commission (EEOC), the agency announced Thursday April, 9.

Cracker Barrel, based out of Lebanon, Tenn., had allegedly turned a blind eye to repeated sexual harassment incidents at its Cedar Bluff, Tenn. store location. The EEOC lawsuit claims that male managers and other employees made repeated and unwanted sexual jokes and lewd remarks to women.

When the women complained about the sexual harassment to the managers and made calls to Cracker Barrel’s compliant line, the company failed to take any action to stop the harassment.

The company failed to take any action to stop the harassment, even after the women complained about it to managers and to the company’s complaint line, according to the lawsuit.

Under the terms of the settlement, Cracker Barrel must: 


• Modify its policies and practices regarding the investigation of sexual harassment claims,
• Conduct annual training on sexual harassment and retaliation for all employees for a period of three years
• Maintain and report complaints of harassment received for three years
• Post the company’s sexual harassment policy and a statement it will investigate anonymous claims of sexual harassment.

Instead of having sexual harassment training be a punishment for your organization, make it a part of your company culture. Empower every employee with the promise that every sexual harassment claim will be taken seriously and that each case will be fully investigated.

Incorporate sexual harassment training into an overall harassment prevention program at your organization to ensure every employee, including managers and supervisors, know how to recognize and prevent harassing behavior.

Unfortunately, many of your employees may be engaging in or condoning sexual harassment without even realizing it. G.Neil’s Harassment-Free Workplace -- Take Control training program helps employees understand how they can “pause, fast forward, rewind and stop” to take responsibility for their own actions.

Use sexual harassment training as prevention, not punishment