Employers are responsible for maintaining workplaces free from sexual harassment. Allowing sexual harassment to occur can result in legal, financial, and reputational consequences for a business. It can lower morale, increase employee turnover, and increase the risk of lawsuits.
If you have experienced sexual harassment at work and your employer failed to respond appropriately, you may have the right to seek legal action. Joseph & Norinsberg can help you understand your options and potentially file a lawsuit on your behalf. Our New York sexual harassment lawyers are ready to seek the justice you deserve.
How To Prevent Sexual Harassment in the Workplace
Preventing workplace sexual harassment starts from the top down. Employers can take proactive measures to significantly reduce the chances of sexual harassment occurring in their workplace.
Develop an Anti-Harassment Policy
Employers can develop anti-harassment rules for the workplace and put them in writing. All employees will receive a copy of the policy and sign it to confirm they have read and understood it.
A strong anti-harassment policy covers details such as the following:
- Definition of harassment with examples of what constitutes sexual harassment, such as requests for sexual favors, touching of a sexual nature, and making sexual comments or jokes
- To whom and where the policy applies
- Consequences of harassment in the workplace, up to and including termination
- Reporting procedures for employees who experience harassment
- A clause prohibiting retaliation against employees who complain about harassment
Communicate With Staff
One-on-one communication with employees about sexual harassment helps prevent such conduct in the workplace. Workplace leaders, such as supervisors and HR staff, can speak with every employee privately and explain the company’s stance on harassment. These meetings are part of establishing an open-door policy where employees can come to leadership at any time about harassment-related concerns.
This policy accomplishes the following:
- It promotes trust between vulnerable employees and their supervisors, making it easier for an employee to report harassment.
- It sends a clear message to potential harassers that the company takes the issue seriously and won’t tolerate harassment.
Create a System for Reporting
A robust anti-harassment policy includes a clear and confidential system for reporting harassment. An anonymous online or phone-based reporting system is ideal. Such a system prevents employees from withholding complaints out of fear or embarrassment. It also prevents potential harassers from being the designated “go-to” person for reporting harassment.
The policy can establish detailed procedures for investigating and addressing the complaint. The policy should name the employees responsible for each step of the process, including documenting the complaint, interviewing involved parties and witnesses, deciding on a course of action, and communicating with all parties involved.
Conduct Sexual Harassment Training With Staff
It’s important to regularly revisit the topic of sexual harassment with staff members. Employers can accomplish this through annual sexual harassment training for existing employees and onboarding anti-harassment training for new hires. Additionally, supervisors and HR staff can receive specialized training on their role in preventing and addressing harassment in the workplace.
Effective sexual harassment training covers topics such as consent, boundaries, and the company’s anti-harassment policies. It also educates employees on what constitutes harassment, how to recognize it, and how to respond if they witness or experience it.
What Are the Causes of Sexual Harassment in the Workplace?
Understanding what causes sexual harassment can go a long way in preventing it. Causes include a combination of cultural attitudes, hostile work environments, and individual factors.
Traditional Gender Roles
While society has made strides toward gender equality, traditional gender roles and stereotypes still play a significant role in sexual harassment. Women are the most common targets of workplace sexual harassment, especially in male-dominated fields such as finance, engineering, technology, construction, and the military.
Men can also experience sexual harassment at work. However, the gender composition of their workplace plays less of a role in their likelihood of being targeted.
Control in the Workplace
Individuals in positions of power, such as managers, may feel entitled to exert control over their subordinates and use sexual behavior as a means of asserting that power. Office politics that promote competition and power struggles can further exacerbate this dynamic.
Mental Health Disorders
Mental health disorders, such as anxiety and depression, are a common outcome of sexual harassment. At the same time, some existing mental health disorders have symptoms that can lead to sexual harassment toward others.
For example, individuals with narcissistic personality disorder may use sexual harassment to assert their sense of superiority and dominance over others. Antisocial personality disorder is another condition that may lead to sexual harassment due to low empathy and a disregard for right and wrong.
Toxic Workplace Culture
A workplace culture that encourages or tolerates sexual harassment can contribute to its prevalence. Employees who experience or witness sexual harassment may feel silenced by a toxic culture that normalizes this behavior and discourages reporting.
For example, in a male-dominated workplace where objectification of women is commonplace, women employees may feel pressured to tolerate sexual harassment for fear of being labeled as “too sensitive.” Likewise, male employees may feel pressured to participate in this behavior or risk being ostracized.
Who Can Commit Sexual Harassment in the Workplace?
Workplace leaders, such as managers and supervisors, are more prone to committing sexual harassment. Being in a position of power may embolden some of these leaders to behave inappropriately.
However, anyone at any level of the organization can be a perpetrator of sexual harassment. Co-worker relationships may involve sexual harassment without existing power dynamics. Customers or clients may also engage in sexual harassment toward employees. Both men and women can be perpetrators of sexual harassment in the workplace.
Contact Joseph & Norinsberg for Your Employment Law Case
You have the right to feel safe and respected at work. If your past or current workplace environment is hostile due to sexual harassment, you may be entitled to compensation.
Joseph & Norinsberg is here to help you prove harassment at work, starting with a free and confidential consultation. It is illegal in New York for your employer to retaliate against you for taking legal action against sexual harassment, so you can feel secure in standing up for your rights. Contact us online or call 212-227-5700 to start moving forward.
