Sexual Harassment Claims on the Rise, Despite Policy and Procedure (3/26)

Sexual Harassment Claims on the Rise, Despite Policy and Procedure

Sexual harassment claims in the workplace are still on the rise, despite the prevalence of written policies, prevention training and establishment of formal investigative procedures by nearly all organizations, according the a new survey by the Society for Human Resource Management (SHRM).

"These survey results indicate that employers' efforts to address sexual harassment must extend beyond simply placing written policies in employee manuals," says SHRM president and CEO Michael R. Losey. "Without effective communication and enforcement of policies, they will have little impact on curbing sexual harassment in the workplace."

Dr. Lynne McClure, president of McClure Associates Inc., an Arizona-based management-consulting firm, agrees with Losey and offers several reasons for the proliferation of sexual harassment claims in the United States.

"One [reason] is that employees are increasingly aware of what sexual harassment is, and of how often it happens," says McClure. Since America's discovery of the Clinton-Lewinsky affair, awareness of sexual harassment has never been greater. McClure cites dishonesty as another factor in the harassment claim hike. "In addition to those who have legitimate complaints, there are many employees who view lawsuits as an early retirement plan," she explains.

And the SHRM study reports bad news for the small business owner: According to the survey, smaller organizations have more sexual harassment complaints per employee. This is due, in part, to fewer small business owners implementing written policies against the offensive behavior and offering preventative training. Not surprising is the SHRM discovery that individuals who are most often involved in sexual harassment disputes, labeled "rank and file employees," are offered the least amount of prevention training.

McClure says prevention training and an investigative process cannot work without major shifts in organizational cultures and suggests early intervention and a systems-oriented approach to reducing employer liability.

"Companies have to look at what kinds of behaviors actually are rewarded, what kinds of consequences are put on inappropriate behaviors, and other kinds of systems issues," says McClure, who is also author of "Risky Business: Managing Employee Violence in the Workplace." She suggests identifying and managing high-risk employee behaviors before they escalate into sexual harassment and looking at the organization norms that inadvertently encourage, or allow, sexual harassment.

Compensation systems that weigh turnover and employee satisfaction are well suited to providing managers incentives to discourage discriminatory conduct, including sexual harassment, according to Frank Scruggs, an attorney with the international law firm of Greenberg Traurig. "Companies can creatively use their performance and evaluation and compensation systems in ways that help to make managers feel more accountable," he suggests. "Such policies can give managers a tangible stake in achieving the corporate objective of reducing this cost of doing business."

Scruggs says harassment prevention and reporting systems have provided companies with more diagnostic tools. But companies should be careful not to confuse the facts with the message.

"Along with judgments and settlements, these tools have made it more evident that even intelligent individuals can be overtaken by weakness of arrogance and passion," he says. "As juries continue to reject weaker employment law claims of all kinds, companies will be encouraged to defend themselves while they continue to improve themselves."