Knowing the Different Types of Sexual Harassment Is an Important Step in Prevention

The ongoing spotlight on preventing workplace harassment and improving workplace culture is an opportunity for HR professionals to try new approaches to training, writes Andrew Rawson, Chief Learning Officer and Co-Founder of Traliant

Awareness is the first step toward prevention — a concept that is increasingly important to HR professionals as organizations seek new approaches to combat sexual harassment in the workplace. Providing employees with the knowledge, tools and practical steps to recognize and respond to the different types of harassment is key to effectively addressing this pervasive problem.

What is sexual harassment?

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission, which enforces Title VII, defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that directly or indirectly interferes with an individual’s work, creates a hostile work environment or is made a term or condition of employment.

While most incidents of sexual harassment involve the behavior of a sexual nature, offensive comments about a person’s sex, such as remarks about women in general, can also be a form of illegal harassment. And the harasser is not always a person in power. Anyone can be a harasser (or target of harassment), regardless of job title, sex or gender. Further, a person doesn’t have to be the target to be affected by it, the EEOC says. A workplace that allows offensive conduct to perpetuate can result in sexual harassment claims. 

Learn more: #RespondTo #MeToo – The Simple Solution Every Employer NeedsOpens a new window

Different forms of harassment

“Hostile work environment” and “quid pro quo” are terms the EEOC uses to categorize behaviors that constitute sexual harassment. Unwelcome sexual conduct becomes a hostile work environment when it interferes with an individual’s job performance or creates an “intimidating, hostile or offensive working environment.”

In general, while a single rude remark, petty slight or isolated incident doesn’t constitute unlawful conduct (unless it’s extreme), it’s important that employees understand what is acceptable conduct, whether or not they’re in the office, at a company party, industry event or using a company chat tool.

Some examples of behavior that can create a hostile work environment include:

• Physical conduct such as touching, hugging or massages
• Referring to people using inappropriate expressions such as “sexy,” “baby” or “hottie”
• Risqué or obscene jokes or comments either verbal or written
• Making catcalls or other lewd sounds
• Staring at someone or making sexual gestures
• Displaying sexual images either in print or digitally
• Talking about one’s sex life or fantasies
• Spreading rumors and lies about a co-worker’s sex life

Quid pro quo (“something for something”) harassment occurs when a manager or person in a position of power offers to give or withhold something in exchange for a sexual favor. A supervisor who threatens to demote or fire an employee if they refuse to have sex, or conversely, offers a bonus or other perk in exchange for a date are examples. Many of the high-profile scandals that gave momentum to the #MeToo movement involved quid pro quo.

Besides complying with federal laws, organizations need to stay up to date with a growing number of state and local anti-harassment laws. Currently, New York, New York City, California, Illinois, Connecticut, Delaware, and Maine require employers to provide regular sexual harassment prevention training to employees and managers. New York employers should be aware of a recent change in the New York State Human Rights Law that no longer requires harassment and other discriminatory conduct to be “severe or pervasive” to be illegal. This is a major change and amplifies the need to ensure training, policies, and procedures reflect current state and local laws and requirements.

New approaches to training

The ongoing spotlight on preventing workplace harassment and improving workplace culture is an opportunity for HR professionals to try new approaches to training. Developments in eLearning technologies and strategies are transforming the old model of compliance training into one that provides a modern, interactive learning experience, with realistic videos and interactive storylines that help employees become more aware of potentially harmful behavior (their own and others) and navigate the gray areas of what constitutes sexual harassment.

Tailoring the training to reflect employees’ work environment also contributes to more relevant and meaningful experience. While the principles of appropriate conduct may be the same, the circumstances can be different for employees working in an office, restaurant or assembly plant, and training should reflect that in its content, images, videos, and assessments. Expanding training to include civility, bystander intervention, and other related topics is yet another way to teach employees about the different types of harassment, its effect on individuals and the organization, and what they can do to stop misconduct and maintain a respectful, inclusive workplace.

Learn more: Using AI to Improve Sexual Harassment Training and ReportingOpens a new window