Steps for Dealing with Improper Sexual Behaviors in the Workplace

Dealing with improper sexual behaviors at work is something no one should have to worry about. All too often, however, employees and employers are forced to do so. In some cases, bad actors are managers or even company owners – a situation that makes an effective response to workplace sexual behavior difficult for all concerned. In others, sexually harassing or otherwise improper sexual behaviors in the workplace comes, but victims don’t complain because they are not confident that their concerns will be dealt with properly. In either of these situations, things can go from bad to worse for employee and employer alike in a very short period of time.

As the #metoo movement takes hold, it’s clear that the status quo in the sexual harassment in the workplace arena can no longer be tolerated. Employees are feeling empowered to complain when events occur, and employers must take action. Those who don’t, risk potentially serious financial and other business-related peril. To avoid those pitfalls and, more importantly, to protect employees against unwanted sexual conduct in the workplace that is both unfair to them and damaging to business productivity, employers should take the following steps:

•  If you haven’t already, get management out onto work floors to talk to employees about their work environments. This does not mean questioning them about sexual harassment in the workplace. It does mean communicating about issues at work generally and observing how workers interact with each other. From there, steps to address problems or improve the workplace can be taken if needed.
• Review anti-harassment policies, update them if required, and distribute them to employees. It may be better not to do this electronically. Massachusetts law requires the distribution of a sexual harassment policy annually, and doing so with a note to employees about the company’s commitment to ensuring a harassment-free workplace may go a long way toward what should be every employer’s ultimate goal: getting employees to believe they can come to management with problems rather than going to a lawyer to investigate their legal options. The commitment this process represents needs to be frequently reinforced if it is to have the desired effect.
• Maintain an open-door policy to questions or complaints about improper sexual behaviors in the workplace. Be sure all managers know to be on the lookout for sexual issues and how to address any improper sexual behaviors they observe or learn about from employees. This will require training on some level. In all companies, at least one person should be designated to oversee harassment or other behavior-related complaints. The designee needs to understand when issues can be handled internally and when legal or other consultations are required.