The #MeToo movement changed the corporate landscape. High-profile scandals forced businesses to take a hard look at their culture.
Today, smart employers are taking steps to proactively address workplace sexual harassment. In an ideal world, employees would feel safe. They would not fear that coming forward will damage their career. Everyone deserves to work in an environment free from unwanted advances.
Unfortunately, this is not the reality for many. Even businesses with “progressive” cultures often fail to protect their staff. It is up to employers to fix this.
What is Sexual Harassment?
Sexual harassment is unlawful discrimination. It includes any unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated.
Examples include:
- Unwelcome sexual advances or requests for favours.
- Inappropriate touching or hugging.
- Sending sexually explicit emails or texts.
- Intrusive questions about a person’s private life.
Crucial Note: Harassment does not always involve a manager. A colleague at the same level can be a perpetrator. Furthermore, the victim is never responsible for stopping the behaviour.
The Importance of Clear Policies
Businesses have a legal obligation to protect employees. But what happens when they fail?
If an employer does not take reasonable steps to prevent harassment, they can be held “vicariously liable” for the actions of their employees. A clear, well-defined policy is your first line of defence.
A strong policy must outline:
- Responsibility: Who must report the behaviour?
- Definitions: What specific conduct is banned?
- Consequences: What disciplinary action applies?
Train Your Employees
A policy sitting in a drawer protects no one. You must actively train your staff.
Training should be a regular part of onboarding and an annual refresher. This is vital in industries with frequent social events. Conferences, trade shows, and drinks after work often blur the lines. Alcohol consumption and a relaxed environment increase the risk of misconduct.
Make Reporting Easy
Barriers to reporting are the biggest friend of a harasser. You must provide an easy, accessible way for employees to speak up.
This could be a hotline, a dedicated email, or an anonymous form for reporting incidents of sexual harassment.
Why is this essential?
- Safety: It allows victims to report without fear of immediate reprisal.
- Action: It gives the company the chance to investigate the incident and take disciplinary action.
- Evidence: It creates a paper trail. If you are sued, these records prove you took the complaints seriously.
Conclusion
Sexual harassment can happen in any workplace. It is the employer’s responsibility to create a safe, inclusive environment.
To do this, you must clearly define inappropriate behaviour, actively train your team, and provide a safe way to report abuse. Ignoring the problem is no longer an option.
Resource: AHRC: Sexual Harassment Defined
Has a Complaint Been Lodged?
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Common Questions
What is vicarious liability?
This means an employer can be held legally responsible for the actions of their employees (like harassment) unless they can prove they took ‘all reasonable steps’ to prevent it.
Does harassment have to be intentional?
No. The intent of the harasser does not matter. The legal test focuses on the impact on the victim and whether a reasonable person would anticipate that they would feel offended.
Are work parties covered?
Yes. Work-related events, such as Christmas parties or conferences, are considered extensions of the workplace. The same rules and laws apply.