Perhaps the most important policy in place should be your policy against sexual harassment. Sexual and other forms of harassment provide a hostile work environment and there should be zero tolerance for it. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. The Act applies to employers with fifteen or more employees. If you are a small business with less than fifteen employees, this doesn't mean that sexual harassment should be allowed!

Defining Sexual Harassment

Some forms of sexual harassment are obvious, such as one person making lewd comments to another, or touching an inappropriate area of another person's body. But other forms may not be as obvious. The important thing to know is that what is seen as harassment can vary from person to person. For instance, an employee who overhears two people laughing at a dirty joke may be offended. Therefore, something that a third party overhears may be considered sexual harassment. Here are some other examples of sexual harassment:

• Eyeing somebody up and down while saying something suggestive

• Passing around a dirty joke that somebody printed from the Internet

• Sharing details about your sex life in public

• Purposely rubbing against someone while walking by

• Asking personal questions

Some forms of sexual harassment are obvious, while others may be more subtle. What is important is to recognize that it's someone's perception of what harassment is that is important. What may be offensive to one person may not offend another person in the room. If an employee is feeling uncomfortable, then sexual harassment is taking place.

Men and Women Alike

One of the most commonly talked about forms of sexual harassment is Quid pro quo harassment. Quid pro quo is a Latin term that means “this for that.” This type of sexual harassment refers to when a supervisor offers a raise or promotion to an employee in exchange for sexual favors.

Sexual harassment is not limited to supervisor and subordinate relationships. It can occur between any two people in the workplace of the same or opposite sex. They may both be employees or one may be a vendor or customer.

All employees should be trained about what to do if they are harassed. The first step is to let the offender know that their behavior is inappropriate and ask them to stop. If it continues even just one more time, report the person to a supervisor. In the event of a serious, blatant action, such as a request for sex in exchange for a favor or touching an inappropriate part of the body, report the incident to a supervisor immediately.

How to Stop It

Touching someone excessively in a nonsexual way may be perceived as sexual harassment to an individual. If an employee likes to hug everyone and somebody doesn't want to be hugged, that person should let the other employee know. Although hugging may not be meant as a form of sexual harassment, it can be perceived that way by someone. Remember, it's the perception of the behavior that determines whether or not it is harassing. The person who wants the hugging to stop should say something like, “I do not want you to hug me. Please stop it” or “It makes me uncomfortable when you do that. Please stop.” The offender should be told two things — that the behavior is unwanted and that it needs to stop.

Another example of sexual harassment occurs when an employee asks another employee out on a date, the employee says “no,” but the employee who asked continues to ask on a regular basis. The employee who is being asked out should say, “Do not ask me out again,” and from that point on, the requests for dates should stop. If they do not, then you need to know about it because an employee is being harassed. A similar situation would occur if an employee leaves cards and flowers on an employee's car or by her locker. If he is asked to stop and does not, a few flowers and a supply of note cards is now a form of sexual harassment.

By training your employees about what sexual harassment is, and what to do if it happens, you are sending the message that the behavior will not be tolerated. Additionally, employees need to know that some of the things they do can be offensive to other people. Many instances of sexual harassment are things that the offender doesn't realize are offensive. Unless he is told, he may never know that some people can perceive his behavior as harassment.

Employees should also be educated about body language and to respect the nonverbal messages they receive from people. The person above that likes to hug everyone should be able to sense someone tense up and not hug back. This is a cue not to hug them again. Also, anyone who isn't reciprocating with sharing jokes or laughing at them is probably someone who doesn't want to hear them.

Formal Complaint

Complaints made by employees about alleged sexual harassment are to be taken very seriously. Do not make the mistake of being an employer who doesn't act on an employee's report that they are feeling harassed. There can be harsh financial and legal consequences as a result. Supervisors, managers, and human resources personnel can be held personally liable for ignoring an employee's report of sexual harassment.

If you receive a complaint from an employee, inquire if he asked the offender to stop. Document everything the employee tells you and ask him to give you a signed statement in writing. If the act was serious, you should talk to the offending employee immediately. Find out if there were any witnesses and speak to them as well, and get written statements if they are willing to cooperate. The discipline administered to the offending employee will be based on the outcome of the investigation. If it is inconclusive, the offending employee should receive a warning, possibly a written warning, which indicates that further incidents may result in discipline up to and including employment termination. If there is proof that a very serious act of sexual harassment occurred, employment termination may be the necessary outcome.

If the act of harassment wasn't too severe, and the reporting party asked the other person to stop, and the behavior did cease, decide with the employee what the next step should be. Since he asked that the behavior stop and it did, he may not want you to confront the other employee. He did the right thing by reporting the incident. Keep the documentation in your files and tell the employee that if the behavior happens again, to let you know immediately. An employee needs to tell another employee only once that his behavior is inappropriate and must stop. If it happens again, management needs to know right away.

Let employees know that sexual harassment from customers, clients, and vendors will not be tolerated. These incidents should be reported to a manager or the human resources department, and in turn, reported by the manager or H.R. representative to the supervisor of the person who harassed the employee. You can request that the worker does not visit your company again. If this is not possible, and the offense was not one of a very serious nature, make it clear that the offender is not to approach or speak to the employee in the future. If the offense was one of a very serious nature, strictly prohibit the worker from entering the property again, even if it means ending the business relationship with the customer or vendor.

Employees will know that you care if you take the time to train them about sexual-harassment awareness. They need to know what it is and what to do about it if it happens. Have all employees sign a copy of your written policy that prohibits sexual harassment in the workplace. Document the names of employees who have received proper training by asking employees to sign an attendance sheet during all training sessions. An awareness that sexual harassment will not be allowed in the workplace is the first step in preventing it.