Employment / 2 min read

With Valentine’s Day around the corner, Mark J. Levine of Andrews Myers held an AM Talks training on sexual harassment in the workplace. This update provides key information from that recent training session on identifying, preventing, and addressing sexual harassment.

Sexual harassment can be claimed when an employee experiences unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature that either creates an intimidating, hostile, or offensive work environment; interferes with their work performance; or affects employment decisions about them.

Harassment of this nature can manifest in several ways, but commonly manifests in the following similar contexts:

  • Verbal harassment can be as simple as inappropriate jokes or comments about appearance, and can escalate to repeated unwanted advances;
  • Visual harassment in the form of displaying or sharing inappropriate images or materials;
  • Physical harassment like unwanted touching, blocking movements, and invading personal space; and
  • Digital harassment, like inappropriate texts, emails, social media content, or electronic communications.

All employees have the right to a harassment-free workplace, and employees have certain rights when harassment arises. Retaliation for reporting harassment is strictly prohibited. The employer has the responsibility to maintain professional behavior. All employees should feel capable of reporting any harassment you experience or witness.

Employees should take certain steps when they experience harassment, and the employer should clearly communicate this to the employee. The employee should document incidents with specific details like dates, times, locations, and potential witnesses. The employee should report the behavior through appropriate channels and include as many details as possible and be clear that the behavior is unwelcome. If an investigation is called for, employees should cooperate fully with any investigations. Employees, and employers, should maintain confidentiality throughout the investigation process.

When harassment occurs, employees should follow these steps when reporting the misconduct:

  1. Contact your immediate supervisor or HR representative;
  2. Provide specific details about the incident;
  3. Follow up if the behavior continues; and
  4. Maintain confidentiality throughout the process.

Employees have a right to expect that all reports will be taken seriously, investigations will be conducted promptly, confidentiality will be maintained to the extent possible, and that appropriate corrective action will be taken when warranted.

A few tips on best practices to prevent harassment, of any kind, for all employees.

  • Always maintain professional behavior and language;
  • Be aware of how your actions might affect others;
  • Respect personal boundaries;
  • Speak up when you witness inappropriate behavior; and
  • Complete all required harassment training promptly.
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