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Not in my company: preventing sexual harassment.

Article Excerpt
"ABC Co. was convicted of sexually harassing female employees." Does that sound like the kind of free advertising that would help your organization? No, we wouldn't like to see our businesses get that kind of new exposure, either. As business managers we have many issues to confront, and sexual harassment in the workplace is one of them.

Sexual harassment isn't a problem for human resources and the lawyers to solve. They are just responsible for cleaning up the mess and paying the lawsuit awards after the fact. We', the organization's managers, are responsible for preventing sexual harassment.

Sexual harassment is bad business: The Equal Employment Opportunities Commission has shown a 150 percent increase in sexual harassment charges filed since 1992. Poor morale, decreased productivity, and increased absenteeism, along with financial and legal costs, are just some of the negative aspects of an ineffective or nonexistent sexual harassment prevention program. With these potential costs and hazards in mind, companies must take proactive steps to protect themselves.

The $34 million Mitsubishi case and the recent $10 million Dial settlement got headlines, but sexual harassment is also a major problem for the small business community. We conducted a survey of companies that have between 15 and 100 employees and found that one out of every five companies reported having had sexual harassment claims filed against them.

The purpose of this article is to describe the relevant legal framework and provide you with a management system to make sure you aren't one of those companies. While our recommendations apply to larger firms, we have found that it is the smaller companies that have the strongest need to increase their focus on sexual harassment prevention.

Sexual harassment law

While you don't need to be a lawyer, you do need a basic understanding of sexual harassment law. The major pertinent legislation is Title VII of the Civil Rights Act of 1964. This federal law applies to organizations with 15 or more employees. Title VII never mentions the term "sexual harassment." Instead, it prohibits job discrimination based on race, gender, color, religion, or national origin. The Supreme Court has ruled that sexual harassment is a form of gender discrimination. The courts have issued many written definitions and interpretations of sexual harassment, which we will describe in...