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INSIGHT: Prepare now to avoid sexual harassment issues |
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By Fawad Kabiri for the Sioux Falls Business Journal
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Tuesday, 05 June 2007 |
The work environment, by its very nature, cultivates the potential for workplace romance. When people spend much of their waking hours at work, they end up sharing hobbies, personality traits and intimacies. Furthermore, these workers are likely to share similar education, interests and income; and as a result, may be able to bond more easily and, perhaps, romantically.
Such romances, though beneficial in some aspects, may engender various workplace issues, in particular sexual harassment claims. Court dockets are flooded with harassment lawsuits founded on romantic workplace relationships, or attempted workplace romantic pursuits, that went awry. Common reasons for sexual harassment claims include unwelcome – but previously welcome – romantic advances by a worker who unsuccessfully attempts reconciliation with a former workplace-lover; retaliation by the rejected romantic pursuer because of the perceived slight; and retaliation, by way of adverse employment action, by the business when a sexual harassment claim is submitted to management, an administrative agency or a judicial tribunal.
Businesses are most at-risk in a situation where a supervisor-subordinate romantic relationship terminates and the supervisor retaliates. This scenario demonstrates a case against the supervisor-harasser and also holds the business vicariously liable for the harasser’s conduct as well.
From a business perspective, it is imperative to eliminate sexual harassment in the workplace to avoid extensive financial and other damage to the business as a result of a lawsuit. In an attempt to eliminate sexual harassment, and thus sexual harassment claims, businesses must develop a sexual harassment policy. A well-drafted policy, and consistent adherence to the policy, is viewed favorably in judicial and administrative tribunals. Indeed, businesses that competently attempt to prevent and remediate sexual harassment are less likely to be found liable for the act of harassment itself.
Businesses should not only disseminate the sexual harassment policy to all workers, but also thoroughly and accurately communicate the contents of the policy to its workers. If possible, businesses should establish and have its workers attend training programs in sexual harassment prevention. Businesses that have already experienced the wrath of a sexual harassment claim beyond its management doors, i.e., claims examined by administrative and judicial tribunals, should make such training programs mandatory.
While there is no silver bullet to shield a business from workplace romance lawsuits, instituting a comprehensive and legally conforming sexual harassment policy will certainly assist in minimizing the occurrence of such sexual harassment incidents and their litigious nature. Remember, an ounce of prevention is worth a pound of cure.
Kabiri is an attorney at law and business strategist with 360 Small Business Solutions www.360SmallBusinessSolutions.com |