Sexual Harassment – Do You Have A Policy And Prevention Program?

When Congress enacted Title VII of the Civil Rights Act of 1964, it did not define sexual harassment as a form of discrimination. The term “sexual harassment” is not even mentioned in the statute or the legislative history. 

Nevertheless, the Equal Employment Opportunity Commission (EEOC) issued guidelines in 1980 declaring sexual harassment to be a form of sex discrimination in violation of Title VII. These guidelines (i) established criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, (ii) defined the circumstances under which an employer may be held liable, and (iii) suggested affirmative steps an employer should take to prevent sexual harassment. 

The United States Supreme Court gave credence to the EEOC’s position in 1986 and formally construed Title VII prohibitions against sex discrimination to include sexual harassment in the case of Meritor Savings Bank v. Vinson. This landmark decision set off a flood of litigation that continues to this day by enabling victims of sexual harassment to sue their employers for monetary damages. 

Does your business or organization have a policy and prevention program regarding sexual harassment? The EEOC reports that over the last seven years, it has received approximately 14,000 complaints of sexual harassment annually. These cases have resulted in monetary benefits of close to fifty million dollars ($50,000,000) annually. This amount does not include damages obtained through litigation. 

Sexual harassment is serious business and if not understood by those who manage employees, it can result in serious consequences. 

The bottom line is that if you don’t have a sexual harassment prevention and training program and if you don’t have a clear policy that is communicated to and understood by all employees, now is the time to take action by contacting our law firm for assistance in preparing and implementing an effective policy.