If you’re in human resources, brace yourself for what is sure to be a tumultuous year for sexual harassment incidents and allegations in the workplace. The #MeToo movement has opened up the floodgates for employees who may have previously felt their jobs would be in jeopardy if they issued a complaint, especially about a direct superior. Overnight, it has created a climate that is favorable to victims—a climate that has essentially replaced the “innocent until proven guilty” model that gave cover to those who abused when no one was looking. Just by creating awareness, the movement is already helping to root out sexual harassment in the workplace.
Make no mistake, unreported incidents have probably happened in your office. According to a Cosmopolitan survey of 2,235 full-time and part-time female employees, one in three women ages 18 to 34 has experienced sexual harassment at work at some point in their lives. These experiences range in severity from sexual innuendoes and insinuating social media messages to outright physical advances and sexual assaults.
The survey revealed that 44 percent of respondents said they have encountered unwanted touching and sexual advances, and that 71 percent of women did not report these instances of sexual harassment. When you consider these figures, along with the current climate ushered in by #MeToo, the likelihood of employees filing complaints to your HR department in 2018 has probably never been higher. Many victims who have kept silent until now about past incidents may finally come forward.
As employers, how can we help to right the wrongs that have been done, and how can we create an environment that does everything possible to reduce the risks of future occurrences? How can we create better workplaces, free from sexual misconduct? Here, we suggest three preventative measures your company can take and three responses when an incident has allegedly occurred.
Preventative Measures
Zero-tolerance policy: Define behaviors in writing that simply will not be permitted under any conditions, and send a clear message that employees who engage in such behaviors will be fired. Every employee should receive both a hard copy and a soft copy of the policy.
Sexual harassment training: Require every employee to participate in active (not passive) annual training that clearly defines the parameters of inappropriate conduct. This training will assure that everyone is held accountable to crystal clear behavioral standards. It will teach bystanders how to intervene non-confrontationally in the moment and will encourage both victims and bystanders to file reports following incidents. The training will also assure that those who file reports will never be stigmatized, retaliated against, or fired.
If you’re dubious about sexual harassment training programs based on their histories, you should be. Many have been ineffective, largely because they were created for legal compliance rather than to rid workplaces of misconduct. These programs often backfired because they reinforced gender stereotypes, portraying men as powerful and women as vulnerable. Today’s programs must focus on accomplishing clear objectives, not checking a box for E.E.O.C. purposes.
Oversight committees: Form a group of representatives from every level and department of your organization to understand the prevalence of sexual harassment in your workplace(s). The oversight committee can start its work by issuing a confidential employee survey to learn about the types of conduct that have been experienced and witnessed. It can also work to develop policies, procedures, and updates to the training program. Once these measures have been put in place, the committee can continually test the climate to gauge the impact of its work.
Responses to Allegations
Notify the Board of Directors (if you have one): All significant allegations of sexual harassment or discrimination should be brought to the attention of the board. An experienced board can provide valuable advice based on their previous advisory experiences. The Board can have a strong influence over the C-suite and a hand in developing policies and training programs—so it needs to be heavily involved in issues as they arise.
Show respect to the person filing the complaint: There are reasons 71 percent of women did not file sexual harassment claims when they felt they were being violated. For years, victims have worried about job security, retaliation, and stigma. Or they felt that nothing would be done, and the perpetrator would be further empowered. By immediately conveying concern for the person’s welfare and respect for the person’s claim, we can show every other employee watching that things have changed.
Have a neutral investigator assigned to the claim: A neutral and impartial investigator, whether directly employed by the company or (preferably) a third party, must create a plan for uncovering the facts. They will determine the scope of the investigation, who needs to be interviewed (including the accused), what communications need to be reviewed, and determine what legal counsel needs to be involved if the case could move into litigation.
American industries and workplaces have made extraordinary strides in protecting workers from occupational, health, and safety hazards over the past century. We are long overdue for a similarly rigorous approach to protecting workers from sexual harassment in the workplace. #MeToo is just the catalyst we need.