Sexual-Harassment Policies for the Workplace

Abstract

In 1993 the Supreme Court ruled that, to be unlawful, sexual harassment need not be so severe as to cause psychological damage (although it must be more than merely offensive). As a result of the difficulty of defining hostile workplace environments, judges are no longer inclined to grant employers' motions for summary judgment to dismiss charges unless a firm has implemented a proper workplace sexual-harassment policy. An appropriate policy will include these components: (1) Procedures by which managers can get to know the ins and outs of the workplace, including an effective way to determine employees' concerns; (2) management support, including the wide dissemination of the written policy and procedures and an endorsement from top-level executives; (3) training that teaches supervisors to recognize sexual harassment and gives them the authority to address the issue; (4) procedures for a prompt and properly measured response to claims of harassment; (5) multiple avenues for filing a harassment claim within the firm's organization; (6) protection for victims and witnesses from retaliation; (7) preservation of confidentiality; and (8) ongoing monitoring of the firm's sexual-harassment policy.