All-4-HR Solutions, formerly HalliburtonSupportsU

Wednesday, June 1, 2011

Common Mistakes made by small business owners: Ignoring sexual harassment allegations

Sexual harassment is a form of sexual discrimination that is prohibited in the workplace by the Civil Rights Act of 1964. It does not HAVE to include physical contact.

Must the victim have succumbed to sexual advances? No.

All company employees play a significant role in carrying out the company’s sexual harassment policy. Sexual harassment training is KEY to sexual harassment prevention. The company MUST establish its position of intolerance of sexual harassment.

Despite the rise in the number of sexual harassment lawsuits, sexual harassment is still very prevalent. Sexual harassment is STILL ignored, “swept under the rug”, and many employers refuse to take allegations seriously. EVERY sexual harassment allegation MUST be investigated.

• Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment,

• Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual, or

• Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or
offensive working environment.

Currently, the following actions are recognized by the Courts as sexual harassment:

• Sexual remarks
• Unwanted physical contact
• Suggestive looks
• Cartoons or other graphics or text of a sexual nature
• In appropriate invitations
• Pressure for dates
• Wolf whistles
• Sexual innuendo
• Using sexist titles
• If the conduct would bother a reasonable person, then it is sexual
harassment.

Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)

Sexual harassment is prohibited in the workplace by the Civil Rights Act of 1964. Additional rules have been published by the Equal Employment Opportunity Commission. In 1986, the courts decided that sexual harassment is a form of sexual discrimination. In 1991, a provision was added to the Civil Rights Act that allowed women to sue for compensatory damages for sexual harassment.

Contact aprilh@halliburtonsupportsu.com All-4-HR & Business Solutions conducts Sexual Harassment Training.

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