Sexual Harassment

Sexual harassment isn’t black and white and doesn’t just happen in “other companies.”  It runs the gamut from constant but minor slights and indignities to explicit demands for sexual favors in exchange for better working conditions.  All are illegal under Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 as well as Florida statutes and case law. 

There are generally two types of sexual harassment: quid pro quo and creation of a “hostile” or “abusive” work environment.  The first is simply the demand of sexual favors in exchange for favorable treatment of some sort.  This is the simplest to understand because it is by nature overt and obvious. 

The second is much more insidious, especially to honest and well meaning upper management who may be unaware of actual working conditions.  This kind of harassment involves employees who have suffered no threats or adverse employment action but who must nevertheless endure offensive behavior.  This may be particularly true in South Florida where the interaction of many different cultures may mean that one person’s words may have unanticipated effects on a person of a different culture.

In light of this, what is a conscientious and prudent employer to do?  The Equal Employment Opportunity Commission and this author agree that “prevention is the best tool for the elimination of sexual harassment.”  Employers should maintain an explicit and written policy against sexual harassment.  Employers should reiterate this policy as often as possible and should clearly explain and enforce sanctions for its violation.  Employers should strive to educate their employees to both types of sexual harassment.  Finally, employers should provide effective grievance and investigative procedures that safeguard both the complaining and the accused employee.  Remember, people are innocent until proven guilty.