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Institute a training and education program

Train, train and train some more, no matter how few or many employees you have. The training and education should include examples of all types of sexual harassment situations to help employees to recognize just what is sexual harassment.

Something as simple as an “innocent” dirty joke can offend someone and spawn a sexual harassment lawsuit. Your employees need to know that.

Just a few of the many possible situations:

• Your employees are working on a jobsite and carrying on their usual banter, off-color jokes, etc. If just one of your employees is offended by any of this, then you and your company are at risk of a sexual harassment lawsuit.

• Many shops out there have pictures of “pin-ups” in various stages of undress posted on the walls. All it takes is one employee to be uncomfortable with it and you’re at risk of a sexual harassment lawsuit.

• An employee of another contractor on the jobsite continually makes suggestive comments to your employee. You’re at risk of a sexual harassment lawsuit.

Employees need to know that these behaviors and others are sexual harassment and as such are unacceptable and that if they are victimized they can notify you and you will make it stop, and that if they are the harasser that you do not permit it and you will not allow it to continue.

Many sexual harassment incidents happen that “fly under the radar”, usually because the action is not recognized as being sexual harassment. This will change as the issue of sexual harassment becomes more widely discussed and better defined. As more and more employees become aware of their rights the more important it is for you to make sure that they are enjoying those rights.

In addition to the ethical lawsuits that will be filed, you can bet that there will be unethical lawsuits filed by those looking to make a quick buck or to get revenge for some slight, perceived or not.

Make sure you can’t become a target; put a sexual harassment prevention policy in place as soon as possible and enforce it.

The training and education should also teach supervisors how to prevent sexual harassment before it starts as well as how to stop retaliation against the victim who reports the harassment.

Knowledge and Expertise is required here

Someone with knowledge and expertise in these areas should conduct this training. Included should be information and practical guidance regarding the federal and state laws concerning sexual harassment and the remedies available to victims of sexual harassment in employment.

In California, the text of 12950.1 tells the employer explicitly how to conduct the training and what that training must include...

"The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation."

Check the various links through this article; with your Chamber of Commerce; local law firms; human resource companies, etc. for training programs that include software, online and in-person presentations, until you locate what will work best for you.

Next: Set up an official complaint procedure