Sexual Harassment - What it Is and What it Isnt

Sexual Harassment - What it Is and What it Isnt If you run or manage a small or medium sized business, youre probably very aware of the increasing number of sexual harassment claims in the last couple of years.   While its only one part of what the insurance industry covers under the heading of employment practices liability insurance (EPLI), weve all been sensitized to it.   And its critical to the survival of your business that you understand what is and what isnt sexual harassment. There are plenty of gray areas that would be fodder for a team of attorneys.   But there are also   behaviors that virtually everyone would agree are unacceptable.   Heres a look at the basics of what you should know. Sexual Harassment What it Is and What it Isnt Workplaces are not socially sterile environments.   Its only natural that casual, friendly interactions and conversations take place daily.   After all, were not robots.   But a level of mutual respect and social decorum is expected at all times.   Specifically, the U.S. Government Equal Employment Opportunity Commission says: It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. What about occasional offhand comments?   The key is occasional.   When the comment is made repeatedly, it can easily drift into being harassment.   Thats especially so if the offended person has made it clear they do not like the comment or that it makes them feel uncomfortable.   Best practice:   treat others the way you want to be treated.   Or they way youd want your spouse or child treated. From a legal standpoint, the standard is what would a reasonable person do or expect?   So the mere act of giving a brief hug one time is probably not harassment.   Continued, especially when called out as not acceptable, would move the action into the category of pervasive,   which might be considered harassment. How To Protect Your Business First and foremost, employee awareness training is essential.   This accomplishes two important objectives: Its permanent evidence that an official company policy exists and that its been communicated It makes all employees more conscious of their actions and how they might be perceived. USA Today suggests the following five points in setting up a sexual harassment training: Require in-person attendance.   Dont just include a page in their employee handbook. Allow plenty of time for discourse.   Open and candid discussion can help erase those gray areas. Make sexual harassment training continuous.   Employees come and go, and they forget. Keep it professional and current.   Get an expert if you dont feel qualified. Make it about behavior.   Clarity about what is and isnt sexual harassment makes for better understanding. In todays  litigious world, theres seemingly an endless number of liability exposures for the typical business.   As part of the coverage offered under EPLI, a broad range of potential employee/employer liability is covered.   So its a good idea to discuss such coverage with your insurance agent. The bottom line:   being proactive is the best policy. This guest post was provided by Sam Meenasian Sam Meenasian is the Operations Director of  USA Business Insurance  and  BISU Insurance  and an expert in commercial lines insurance products. With over 10 years of experience and knowledge in the commercial insurance industry, Meenasian contributes his level of expertise as a leader and an agent to educate and secure online business insurance for thousands of clients within the Insurance family.