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Do you mean I can get sued for telling a joke?' my European
client gasped when I told him about the sexual harassment
laws in the US.
After reassuring my client that reasonable joking is OK,
I did encourage him to take the subject of sexual harassment
and employment practices seriously.
Understanding what constitutes sexual harassment is complex. What is viewed in some cultures and amongst men as
humor can be construed as harassment and creating a 'hostile
environment.' Sexual harassment lawsuits are costly
to defend, cause tremendous disruption to the companies
that are sued and can result in multi-million dollar settlements.
What behavior crosses
the line?
Some forms of sexual harassment are blatant. Demands
for sexual favors or pressure for dates, in exchange for
rewards or punishments in the workplace, are clear examples
of behaviors that cross the line.
Unwelcome conduct of a sexual nature that makes a workplace
hostile and intimidating (behaviors such as disparaging
remarks, gestures, photos, profanity) can constitute sexual
harassment.
Other potential forms of harassment include racist, sexist,
pornographic and offensive use of email and the Internet.
What should employers do?
By law in Massachusetts, employers are required to take
certain measures to educate employees and prevent sexual
discrimination and harassment.
The law requires a written
sexual harassment policy that covers a range of issues
including:
- providing examples of sexual harassment;
- specifying how the company handles sexual harassment
complaints; and
- making it clear that retaliation for filing a complaint
or cooperating with an investigation is unlawful.
The law also encourages training programs.
A model sexual harassment policy is available through the
Massachusetts Commission Against Discrimination (MCAD) and
can be obtained by calling 617-727-3990 x253 or online at
http://www.state.ma.us/mcad/harassment.html
Employers can reduce their risk by:
- treating all employees with respect ('walking the talk');
- not tolerating offensive behavior in the workplace;
- putting a written policy in place;
- providing training for employees;
- reminding employees that appropriate conduct is required
at all business events, on business trips and with customers,
etc.;
- specifying a procedure for complaints;
- pro-actively investigating any complaints; and
- disciplining (including terminating) employees who behave
offensively.
In conclusion, this is one of the
areas in which an ounce of prevention is worth ten
pounds of cure. Take steps
to protect your business from potential claims and problems
by putting employment practices in place and providing training
to ensure compliance with the law as well as a productive
working environment.
Jean D. Sifleet
Attorney & CPA
120 South Meadow Road
Clinton, MA 01510 USA
978-368-6104
jsifleet@aol.com
P.S. If you know someone who may be interested in conducting
an educational program or workshop on preventing harassment
in the workplace, please forward this information to them
or refer them to www.smartfast.com.
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