Sexual Harassment: In YOUR

How your onsite team, in addition to vendors, contractors and suppliers can avoid sexual harassment accusations. By JACKIE RAMSTEDT, CAM, CAPS, CAS, Ramstedt Enterprises

Sexual Harassment: In YOUR Workplace, In THEIR Homes

Nearly half (48%) of employed American women have reportedly experienced either sexual, verbal or physical harassment at work, according to a poll in the Wall Street Journal article from 2017. Overall, most men and women in America, 62% of men and 71% of women, believe sexual harassment in the workplace is widespread.

The #MeToo and Time’s Up movements have brought necessary attention to sexual harassment and sexual assault in workplaces around the nation. While the #MeToo movement challenges sexual harassment in the workplace, it can be easy to forget that sexual harassment hurts people in other places, including their homes. Many people have been subjected to sexual harassment by apartment building managers, property owners and maintenance workers In 2016, the Equal Employment Opportunity Commission (EEOC) estimated that between 25 and 85% of women have experienced sexual harassment at work.

Nearly half (48%) of employed American women have reportedly experienced either sexual, verbal or physical harassment at work, according to a poll in the Wall Street Journal article from 2017. Overall, most men and women in America, 62% of men and 71% of women, believe sexual harassment in the workplace is widespread. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker or a non-employee. • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

• The harasser's conduct must be unwelcome.

"People who choose to harass others don’t just wake up one day and decide, 'I’m going to sexually harass this individual.' It’s a pattern of behavior that they have engaged in likely for some time, and that they will continue to engage in,” read an article entitled “When Your Sexual Harasser Has Keys to Your Apartment,” published by SoJourners (www.sojo.net ).

So how does this affect our daily routines in the multifamily industry?

Here are three problematic areas that should be reviewed with your on-site team, including vendors, contractors and suppliers with whom you employ:

1. Zero Tolerance Policies a. Zero tolerance policies should state that an individual will be dismissed from their position if the business finds that they committed any act of sexual harassment that is likely unlawful.

b. Under this type of policy, employees do not receive warnings or disciplinary action regarding unlawful behavior, do not benefit from a three-strikes rule and do not have the right to a probationary period. One instance of sexual harassment could lead to an immediate termination.

c. An article from the National Apartment Association by Caydee McCormick, chief people officer at US Residential, said the line is blurred between inappropriate behavior and harassment. “If management has strong and transparent communication with its employees, then any bad behavior can often be corrected before it becomes illegal harassment,” he said.

2. Protecting Your Maintenance Team a. At a conference, a group of maintenance workers and property staff were talking about all the ways residents have “come on” to them, sometimes attempting to gain favor. In each case, they wanted to put the staff member in a compromising position that could backfire later, not only for the worker but the onsite team as a whole.

b. Role play these circumstances with your team and give them a script that details what they should do and say when these circumstances come up, so they are not caught blindsided. Your teams should always be aware of what they might say or do, even if they are trying to just be friendly.

c. Make sure your maintenance technicians are not going into an occupied apartment when there is a minor or child there alone. This is a huge taboo, and it is grounds for serious misunderstandings and outright allegations of sexual harassment.

3. Investigate Even the Smallest Complaints

a. Humor is another easy way to manipulate people into thinking you are “just kidding.” Make sure if you witness a person (employee, resident or anyone) crossing that line from harmless humor to graphic, uncomfortable joking, that you make a point of addressing the situation quickly.

b. Remind them of the implications of such verbiage or actions and that it must be stopped immediately. Many times, the individual wasn’t even aware that it was offensive. Give your people the benefit of the doubt. Now if it continues, that’s a different story and they should be subject to your zero tolerance policy. The solution lies not only in how you react to these situations, but also in how your employer addresses it.

A well-respected friend and colleague, Sue Weston, CAM, CAPS, NAA Education Institute Senior Faculty of The Susan Weston Company in Dallas, said it best. “If you are a victim of harassment, you must say something. You must report it. Most management companies have anti-harassment policies that require that any harassment, including third-party harassment, be reported.”

She concluded by saying, “Taking the path of least resistance is not the way to go. As supervisors, we must let our staff members know that we’ll stand by them when it comes to any and all forms of harassment. Investigations must be thorough, timely and precise. Capture, report, conclude, communicate.”

Jackie Ramstedt, CAM, CAPS, CAS is a nationally renowned motivational keynote speaker, national trainer, consultant and performance coach who has 35 years of experience in the multifamily industry. She has spoken to thousands of industry professionals for the National Apartment Association, Texas Apartment Association, Multifamily Pro Annual Brainstorming Events, the Institute of Real Estate Management (IREM), National Affordable Housing, numerous state and local associations and various management and investment companies throughout the United States and Canada. Ramstedt is a veteran instructor of all NAA designation courses, and she was awarded Faculty Member of the Year from the Austin Apartment Association, where she has served on the board of directors and the education committee chair. Ramstedt can be reached at jackie@jackieramstedt.com. You can also visit her website at www.jackieramstedt.com.