Preventing Sexual Harassment in the Workplace

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Published on Thursday, 10 May 2012 18:53

The best way to prevent sexual harassment in the workplace, or to limit damages if it should occur despite preventative measures, is to implement effective policies and procedures designed to eliminate sexual harassment. Further, employers have a legal obligation to prevent sexual harassment in the workplace and must therefore take all reasonable steps to prevent discrimination and harassment from occurring. To meet these objectives and legal requirements, employers must provide information to employees on sexual harassment by either distributing a pamphlet that may be obtained from the Department of Fair Employment and Housing (DFEH), "Sexual Harassment is Forbidden by Law" (DFEH-185) or developing an equivalent workplace document, such as a sexual harassment policy contained in an employee handbook and/or standalone policy on sexual harassment, which meets the following requirements:

1. The illegality of sexual harassment is described;

2. The definition of sexual harassment under state and federal laws is detailed;

3. A description of sexual harassment, utilizing examples is provided;

4. The internal complaint process of the employer is explained to employees;

5. The legal remedies and complaint process available through the DFEH is detailed;

6. Directions on how to contact the DFEH are provided;

7. The protection against retaliation for opposing the practices prohibited by law or for filing a complaint with, or otherwise participating in investigative activities conducted by, the DFEH is detailed.

Further, an employer’s sexual harassment policy should contain provisions advising an employee about the scope of his or her rights if the employee is subjected to sexual harassment in the workplace; the employer’s commitment to fully and effectively investigate any complaint of sexual harassment; the employer’s assurance that if harassment has occurred, the employer will take prompt and effective remedial action.

In addition to the above, employers should train all individuals in the workplace on the employer’s policies regarding sexual harassment and post the required notices regarding discrimination and harassment in conspicuous locations in the workplace. And, all employees should be made aware of the seriousness of a violation of the employer’s sexual harassment policy.

Employers with 50 or more employees must also provide at least two hours of classroom or other effective interactive training and education by a qualified trainer regarding sexual harassment to all supervisory employees, and to all new supervisory employees within six months of assuming a supervisory position. Thereafter, covered employers must provide sexual harassment training and education to each supervisory employee once every two years. Read More.