Sexual Harassment in the Workplace

Sexual harassment is an increasingly pervasive issue in the workplace. It's generally defined as unwelcome behavior of a sexual nature. Unwelcome advances, requests for sexual favors, and other verbal or physical conduct constitute workplace harassment when this behavior:

• Affects an individual's employment
• Unreasonably interferes with an individual's work performance, or
• Creates an intimidating, hostile, or offensive work environment.

Everyone. Sexual harassment can have devastating consequences for the individuals involved — and for your company — if not addressed properly at all levels. Employee harassment puts the safety and security of everyone involved at risk, and it jeopardizes the well-being of your entire company.

It can be very difficult to draw a line between offensive sexual conduct and unlawful sexual harassment, and employers should not ignore offensive conduct simply because it may not break the law. Employers must investigate all claims and address harassing behaviors immediately.

Thoroughly training everyone from entry-level employees to executives is the first step in cultivating a healthy, harassment-free workplace. (Some states have even begun requiring employers to conduct regular training.) Recently, studies have shown that traditional sexual harassment training is ineffective, possibly even harmful. When presented with the usual awkward and unrealistic training videos, employees struggle to identify as either the victim or the harasser. New studies have shown that the most effective approach is to focus on bystander intervention, and the EEOC now includes this method in its guidance. Bystander training helps employees identify harassment while creating a sense of empowerment and collective responsibility to stop it.

In addition to training, reviewing and updating related policies and communicating changes should be important steps in an employer's process.

Currently, six states require some form of sexual harassment training, including California, Connecticut, Delaware, Illinois, New York, and Maine, and more states have similar laws in the works. Employers in those states are required to provide comprehensive training upon hire, and several states require annual or biennial refresher training. Learn more about these state-specific requirements!