5 Ways to Prevent Sexual Harassment and Retaliation

Sexual harassment at work remains in the national spotlight. Organizations have a legal responsibility to protect employees from sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964. An effective prevention plan includes clear Code of Conduct guidelines, awareness training and leadership modeling best practices to make it undeniably clear that an organization has a zero-tolerance policy towards sexual harassment and retaliation. 

 
Sexual harassment and the threat of retaliation creates a hostile work environment and allows misconduct to continue and wrongdoers to go unpunished. If employers fail to take complaints of sexual harassment seriously, or fail to act against retaliatory behavior, it opens the door to costly lawsuits and penalties. 

According to the National Sexual Violence Resource Center, 38% or women and 14% of men have reported experiencing sexual harassment at work. However, in industries such as restaurant and hospitality, 9 in 10 women say they have been sexually harassed. Yet, 70% of people never complain internally due to a fear of retaliation.  

What is Sexual Harassment? 

Sexual harassment can take many forms, from subtle to overt. It’s important to recognize that words and actions do not need to be overtly sexual to constitute harassment. For instance, making offensive remarks about women not belonging in the workplace is also considered sexual harassment. The EEOC identifies two types of sexual harassment: 

• Quid Pro Quo harassment involves expressed or implied demands for sexual favors in exchange for workplace benefits (e.g., a promotion) or to avoid workplace detriments (e.g., termination or demotion). This type of harassment typically occurs between someone in a position of power and a subordinate. For example, a manager suggesting that an employee will get a raise if they go on a date with them. 

• Hostile Work Environment is created when speech or conduct is so severe and pervasive that it creates an intimidating or demeaning environment that negatively affects a person’s job performance. Examples include inappropriate touching, sexual jokes or comments, repeated requests for dates, and displaying offensive pictures. 

In fiscal year 2023, 35% of all lawsuits filed by the EEOC included allegations of harassment, representing more than a 50% increase over the previous fiscal year. The agency recovered nearly $9.8 million for individuals subjected to harassment.  

Common Forms of Sexual Harassment 

Sexual harassment can manifest in various forms, including: 

• Physical Harassment 
  • Unwelcome physical contact, such as brushing against someone, grabbing or groping.
  •  Any non-consensual sexual act, including forced physical interactions.

• Verbal Harassment 
  • Sexual Innuendo: Subtle or indirect comments of a sexual nature.
  • Making jokes or comments about someone’s appearance, body or sexual activities. 
  • Offensive remarks that demean someone’s gender or suggest they do not belong in the workplace based on their gender.

• Visual Harassment 
  • Displaying offensive pictures, posters or screensavers of a sexually explicit nature. 
  • Inappropriate leering or staring at someone’s body parts. 

 
Types of Retaliation 

Workplace retaliation often begins with a complaint of harassment when a superior or coworker takes negative actions against someone who voices a concern about perceived misconduct. It is important to stay vigilant for any actions by supervisors or coworkers that ostracize or exclude an employee. Common types of retaliation include:  

• Termination 

• Demotion 

• Salary Reduction 

• Negative Performance Reviews 

• Exclusion 

• Reassignment 

• Harassment and Hostility 

• Reduction in Work Hours 

• Denied Benefits or Opportunities 

Retaliation claims continue to be the most common type of charge filed with the EEOC. By spotting red flag behaviors, employers can better recognize when employees are being unfairly targeted and take appropriate actions to defend them.  

Strategies to Eradicate Sexual Harassment and Retaliation in the Workplace 

Preventing sexual harassment and retaliation at work requires a comprehensive approach and sustained commitment. Here are five steps business should take to ensure employees know what behaviors are expected of them. 

1. Develop a Clear, No Tolerance Policy 

Businesses should establish a comprehensive zero-tolerance policy outlining what constitutes harassment and retaliation, ensuring all employees are aware of it, and making guidelines easily accessible to their workforce. It’s essential to provide examples of inappropriate workplace behaviors in an organization’s Code of Conduct and clearly state the repercussions for those who engage in such conduct. 

2. Provide Regular Training 

Regular workforce training is essential in addressing harassment and retaliation. Training should help employees recognize misconduct and its impact, how to intervene as a bystander and a company’s reporting procedures. It is also vital that managers receive proper training on implementing anti-harassment and anti-retaliation policies, including how to respond promptly and confidentially to any allegations that may arise.  

Seven states currently require employers to provide sexual harassment prevention training, including California, Connecticut, Delaware, Illinois, Maine, New York and Washington, as well as Chicago and New York City. Regardless of whether it is mandated by law, training to address sexual harassment and retaliation should be an essential part of an organization’s strategy to build workplace trust and respect. 

3. Establish Reporting Mechanisms and Enforce Consequences 

Educating everyone on how to report complaints of misconduct is crucial, including whom to contact in the event harassment and retaliation is coming from a superior. Establishing confidential reporting channels helps to ensure that employees feel safe reporting concerns. All complaints of harassing and retaliatory behavior should be taken seriously and followed-up with a thorough investigation, interviews and resolution process.  

4. Conduct Regular Assessments 

The effectiveness of anti-harassment and anti-retaliation measures should be consistently evaluated and enhanced. It is important to frequently revisit and revise policies, provide updated training sessions, gather feedback through surveys, and analyze responses to ensure ongoing progress. 

5. Lead by Example 

Leadership plays a crucial role in shaping organizational culture by exemplifying respectful behavior, taking responsibility for their actions, and advocating for anti-harassment and anti-retaliation measures. When leading by example, business leaders set expectations of respect and professionalism for the entire organization. Their actions communicate their commitment to eradicating harassing behavior and fostering inclusivity and trust as top priorities.