Is Your Company’s Sexual Harassment Policy Working? By Robin Seidman
With claims of sexual harassment back in the headlines, it is the perfect opportunity for the business owner to take a look at the workplace, the employees and their interactions to ensure harassing behavior is not occurring. By reviewing and/or re-evaluating the company sexual harassment policy as well as conducting NYS-mandated annual sexual harassment training with the workforce, the business owner can take the necessary steps to protect the employees, the business and the customers. Let’s start with a refresher of the definition of sexual harassment. Many people think it is just inappropriate touching, but it is much more. It is unwelcome sexual advances and requests for sexual favors. It includes harassment based on sex,
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sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. In addition, verbal, written, electronic or physical conduct of a sexual nature that affects an individual’s employment, unreasonably interferes with work performance or creates an intimidating, hostile or offensive work environment is also included in the NYS sexual harassment law. Any harassment or discrimination that is based on a protected class is covered under the law as well. That means any acts, jokes, language, etc. that are aimed at someone’s age, race, creed, color, national origin, military status, disability, marital status, or domestic victim status is prohibited in the workplace. As you can see, there is a lot of ground covered under the law and many employers are unaware of all the behaviors they should be observing
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Robin Seidman specializes in NYS Sexual Harassment training and general HR policy and procedures. robin@rjshrsolutionsllc.com
and correcting within their business. However, taking a commonsense approach to what constitutes acceptable workplace conduct and having a sexual harassment policy (also required by the law) that has been shared with the workers makes it easier to notice and correct behavior before it becomes a problem. First of all, business owners, management and supervisors are expected to model acceptable workplace behavior. While this sounds like a no-brainer, it all too common for inappropriate speech (think curse words and profanity) and harassing or discriminatory actions to occur at the top of the workforce. Once employees see or hear
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