SEXUAL HARASSMENT
Thursday, January 28th, 2010As members of the legal community, they are committed to ensuring that women and men have a work place free from sexual harassment and therefore recognize the need for all employers, including ‘legal employers”, to have and enforce a sexual harassment policy. To assist in educating the legal profession, the judiciary, and society at large on the issue of sexual harassment, and to enhance the working environment for all persons, these guidelines are offered. Sexual harassment policies should not only be written, but need to be implemented in a form that will prevent sexual harassment from occurring in the work place, educate employers and employees regarding their responsibilities and rights, improve morale, enhance professionalism, increase productivity, encourage victims of harassment to come forward and ensure that man agent takes prompt and effective corrective action to eradicate sexual harassment.
Sexual harassment is illegal sex discrimination and includes any unwelcome advances, requests for sexual favors and any other verbal, visual, or physical conduct of a sexual nature which meets and one of the following three criteria:
a. Submission to such conduct is made either explicitly a term condition or condition the individual’s employment.
b. Submission to or rejection of such conduct by an individual is used as the baisis for employment decisions affecting such individual.
c. Conduct which has the purpose or effect of unreasonably interfering with an Individual’s work performance or creating an intimidating, hostile, or offensive work environment.
It determining whether one of the above criteria is met, the standard to be applied is that of the reasonable victim of the same gender as the victim. For example, the perspective of a “reasonable female victim” should be applied when the victim is a woman.
An effective sexual harassment policy is one that focuses on prevention. Also, sexual harassment policy provides procedures for implementation, including a Comprehensive educational and training program for all employees, including top management. Its encourage victims of sexual harassment to report the behavior by guaranteeing them protection against retaliation, ensures a commitment on the part of management to take prompt and effective disciplinary action against anyone who Violates the policy, and includes multiple access points to the grievance process.
A written sexual harassment policy statement, widely and effectively disseminated. However, an unequivocal statement that the employer will not tolerate, condone or allow sexual harassment by any owner, employee, manager, supervisor, co-worker, client, customer, independent contractor, opposing counsel, court personnel or other non-employees who conduct business with the employer. a definition of sexual harassment that includes specific examples pf prohibited behavior, whether or not direct specifically to any individual. For example:
a. Verbal; sexual innuendoes, sexual propositions, or threats
b. Visual: sexually suggestive object, pictures, or letters
c.Physical: brushing the body, impeding, blocking movement, or sexualurse.
Inclusion, sexual harassment has several components. For example; it could be verbal, visual, physical or any combination of any prohibited behavior. Informing the complainant of her/his legal rights when a compliant of sexual harassment is made can help resolve sexual harassment. There are sample policies that can help encourage a person to speaks out. Such as; Firm Statement of Philosophy, Definition of Sexual Harassment, or Dissemination of Policy.