This recent report in the Daily Mail serves to reinforce to employers the dangers of failing to deal (and equally failing to deal improperly) with allegations of sexual harassment (and discrimination in general) in the workplace. This article will take a look at sexual harassment in the workplace and how employers should deal with this
- What is sexual harassment?
- What obligations do employers have regarding sexual harassment in the workplace?
- What should you do if you’re informed of potential sexual harassment?
- What can happen if you fail to deal with the issues?
What is sexual harassment?
Sexual harassment occurs if one of your employees is subjected to sexual harassment or unwanted conduct which is sexual in nature and has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant and/or of violating their dignity.
The most common cases are where women are sexually harassed by men but it can occur in a variety of other situations – for example where a woman harasses a man, a woman harasses another woman or a man sexually harasses another man. It technically doesn’t even matter if the “harasser” is being serious with their advances – if the conduct is perceived to be sexual in nature then the “harassee” could still claim that they have been sexually harassed.
What obligations do employers have regarding sexual harassment in the workplace?
If one of your employees informs you that they’re being sexually harassed by another employee or a third party then it’s imperative that you take steps to investigate and determine what is happening. Once those investigations have been concluded you should determine the veracity of the allegations and take appropriate steps to conclude the matter.
What should you do if you’re informed of potential sexual harassment?
You should take the following steps
- Take preliminary steps to address the situation – make a reasonable (and suitably informed) decision as to whether any employees should be moved department or suspended whilst the issue is investigated. However, don’t simply make a “knee jerk” decision to suspend
- Investigate the allegations – attempt to obtain any and all documentary and witness evidence that will allow you to reach a reasonable conclusion as to the truth of the allegations
- Send the outcome of the investigation to the interested parties – don’t delay with this – a failure to communicate with the allegedly harassed worker could lead to a claim for constructive dismissal against you
- If necessary take further steps – if you believe the allegations are true then you may need to hold further disciplinary investigations and hearings
What can happen if you fail to deal with the issues?
If you fail to deal with a complaint of sexual harassment by an employee then you may be held to be vicariously liable for the actions of the offending employee. This could lead to you being ordered to compensate the employee for the sexual harassment they’ve suffered. Further, a failure to deal reasonably with the allegations or any investigation outcome could lead to the sexually harassed employee resigning from their employment and to claim constructive dismissal (and potential discrimination).
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