Vigilance on Sexual Behaviors is an Essential Tool for Employers

If there’s one thing we’re learning as claims of sexual impropriety continue to grab headlines in workplaces across the country, it’s that employers often don’t effectively address sexual harassment issues until it’s too late. There’s never been much doubt that mistakes in this arena can cost a lot of money. Enter the needs for effective policies surrounding sexual harassment in the workplace and thorough training of managers. How, after all, can employers prevent damaging sexual harassment allegations if their key employees don’t know the signs of trouble and how to deal with them?

One of the big causes of sexual harassment problems in the workplace is a failure to understand that victims of sexual harassment often don’t want to complain and, when they do, frequently give only limited information. There are a variety of reasons for this ranging from fear of retaliation to a hope that bad behaviors will end on their own to a desire to get along with co-workers. When employers don’t realize this, they tend to overlook issues that might be portrayed as less significant than they really are and miss opportunities to resolve sexual harassment before it becomes a costly lawsuit. To avoid that error, employers need to institute zero tolerance policies for sexual behaviors at work and, when even a hint of it comes to their attention, investigate quickly. You never know what you might find.

In fact, workplace investigations of sexual harassment often uncover behaviors that were not explicitly raised by an initial complaint. On appropriate questioning, employees normally expand on how they feel and what they experienced. An investigation might reveal that behaviors are long-standing and practiced by a broader number of employees who are not aware of the dangers that sexual talk or acts present to their employers, even when those behaviors are ‘consensual’ or ‘don’t bother’ other employees. In many cases, sexual joking, e.g., is common at work, yet almost all employees are hesitant to complain to employers even when they are bothered by it. Almost all also have breaking points.

Employers are thus well advised to be sure they understand what goes on in their workplaces. All should review and ensure their sexual harassment policies are strong; make sure all employees get copies of the policy at least once a year; post notices regarding sexual harassment and its remedies; and train all managers, at least, about the basics of sexual harassment and how to spot its signs before things get out of control. Doing all this is not only prudent, it’s almost essential in light of recent sexual harassment stories and their impacts on victims’ understanding both that they are not alone and that protection is available for those who feel compelled to complain.