Sexual harassment has been in the headlines again in recent weeks. Just last week, the EEOC filed suit against a trucking company in Michigan over alleged sexual harassment. The EEOC claims that the president of logistics, who was also a member of the board of directors and part owner, passed over more qualified candidates to hire two young women and then harassed the women by commenting on their appearance, inviting them to stay at his cabin, inviting them to go out drinking, leaning over them while they worked, messaging them on Facebook, and asking the employees about personal relationships. The part owner also allegedly groped women, requested vulgar songs, and attempted to get female employees to dance with him at the company’s holiday party. The part owner also monitored female employees through company surveillance equipment. The EEOC alleges that the trucking company performed a cursory investigation of similar complaints in 2020 but failed to take remedial action.
This filed case isn’t an anomaly. The EEOC recently settled a case with a construction and home improvement company after an office manager was allegedly fired upon refusing to sign a sex contract. And you may have heard about the New Jersey lieutenant governor who resigned following harassment claims. These stories are a good reminder that harassment claims show up across industries and job levels. How employers prepare before these claims arise and how they respond to allegations may dictate which way it goes and how much the employer pays.
Link to Yikes, Help! What Do I Do? Yikes, Help! What Do I Do?
When did you last train your supervisors on this? What about your C-suite executives, owners, directors, or board members? Would they know what to do if an employee came to them today? If you can’t answer all of those questions confidently (or locate the old training logs), it is time for training.
Link to Understand training must cover everyone in the workforce and the boardroom. Understand training must cover everyone in the workforce and the boardroom.
Quid pro quo harassment happens when a supervisor, president, owner, C-Suite member, or other person of power conditions a job benefit, a raise, a promotion, or continued employment on an employee’s submission to unwelcome sexual conduct. It’s a dangerous situation for the employer because, unlike some hostile work environment claims, a single incident by a supervisor, COO, or board member can be enough to create liability. Employers are generally held strictly liable when harassment results in a tangible employment action, and in some states, like Texas, these actions can lead to personal liability for failure to report.
Link to Make sure training covers the right things and is addressed to the right people. Make sure training covers the right things and is addressed to the right people.
General workforce training matters, but supervisors, executives, directors, and board members need more. Supervisors are usually the first line of defense for spotting problems. Supervisors can see what’s going on with the employees and are the first point of contact when an employee wants to report a concern. They are the group whose own conduct creates the most direct liability for the employer. At a minimum, supervisor training should reinforce:
- What conduct crosses the line, including quid pro quo scenarios and hostile work environment conduct;
- The obligation to escalate any complaint or observed conduct promptly to human resources, rather than trying to handle it informally;
- The prohibition on retaliation against an employee who reports concerns or participates in an investigation;
- The heightened risk created by a supervisor’s own conduct toward the employees they oversee; and
- The higher standard of conduct that supervisors are held to given their authority over other employees’ jobs.
Training for executives, directors, owners, and board members should cover the above topics, but they also need to know their behavior and comments put the organization at risk even if they have no direct oversight of employees. Comments about an employee’s appearance, too much discussion of a personal nature, and invitations to socialize in private settings outside of work can be labeled as harassment. If those actions are coupled with adverse employment actions, sometimes the only question that remains in litigation is how much the organization will pay.
Link to Review your policy and reporting channels. Review your policy and reporting channels.
While you’re getting ready to conduct your training, double check that your anti-harassment policy and reporting channels are current, accessible, and well understood. Make sure the policies, training materials, and any other documents (whether written or online) tell employees how to report and to whom to report concerns. Include the complaint procedures in your handbook, and don’t forget to be clear that retaliation for reporting a concern (or cooperating in an investigation) is prohibited.
Link to Don’t hesitate — train now. Don’t hesitate — train now.
If it’s been a while since your organization held training on this topic, the volume of activity in the news is a good excuse to schedule it. While you’re at it, check whether your policies and reporting channels are up to snuff. If a complaint does arise, use our guide to start your investigation. Acting quickly to respond to allegations of sexual harassment can make or break a case and limit damages.
As always, we’re available to help design or deliver training, review or update policies, assist with investigations, or work through a specific workplace concern.