If something as apparently innocent as a quick neck massage can land the President of The United States in hot water, imagine what it can do to you.
Even if you are not the one doing it, and many times, even if you didn't know it was happening, your business could take hit with a sexual harassment complaint
Since Anita Hill complained about Clarence Thomas, the idea of touching a co-worker has many companies taking a "hands-off" approach but that still hasn't stemmed the tide of possibility. It doesn't just require touching, anymore. It could be an overheard joke or comment or a cartoon that raises the ire of someone that lands a business in legal trouble.
As a business owner or operator, the law expects you to provide employees with a safe working environment. Not only free of sexual harassment, but also free of being the target of jokes and comments, real or perceived, that could be considered a hostile work environment.
If you answer no to one or more of the following, you may be fair game.
1. Do you have a policy against sexual harassment? 2. Do you require supervisory training? 3. Do you have a mechanism in place for receiving complaints? 4. Do you have a method for conducting prompt and thorough investigations?
In the evolving workplace, where men are filling roles traditionally taken by females such as secretaries, nurses and office assistants and ladies working as welders, firemen and construction workers, many of the old stereotypes remain. Just because a woman is working as a welder doesn't mean they want to hear the same off-color jokes as the male members of the crew. Equally, just because a man works as a secretary wants to participate in certain conversations around the water cooler.
The harsh reality is that companies with absolutely no knowledge of an incident can be held liable for harassment and the person who was the target of the harassment doesn't need to be the one complaining. They can comment to a third party who informs the boss and the boss is required by law to investigate and take appropriate steps to correct the situation.
Companies without a written policy against such language or actions can be open to litigation with results costing thousands of dollars in profit as well as reputation. Companies do not need to leave themselves hanging in the wind. Training materials are available that their company trainers can institute or available trainers can offer your managers and supervisors the training they need to stay on the right side of the harassment law.
