Sexual_Harassment_Notes

Tips & Advice to help you make your decision on Sexual Harassment Training Sexual harassment has become a big concern for many businesses. Not only can sexual harassment lead to costly legal disputes, but it can also interfere with the work performance of employees. If you have not shown your employees a sexual harassment training video recently, then you might want to think about exploring your options to choose a video that suits your needs. A sexual harassment training video might offer much more than just a lecture detailing the harm that harassment causes. Some of them also provide managers with instructional materials that make it easier for them to teach employees about the many gray areas that can exist in sexual harassment cases. The materials might also provide specific examples of sexual harassment to help your employees better understand the differences between appropriate and inappropriate behavior. Business.com provides you with a list of links about sexual harassment videos and instructional materials. Follow the links on the left to learn more about the options that various training services can offer you and your employees. This will help you make an informed decision that will benefit your business most instead of taking the chance of sexual harassment affecting your success. http://www.business.com/directory/human_resources/employee_development_and_training/sexual_harassment_training/ [pic] [pic] [pic] References Dowd, S., Davidhizar, R., & Davidhizar, R. (2003). Sexuality, sexual harassment, and sexual humor: guidelines for the workplace in health care. Health Care Manager, 22(2), 144-151. Retrieved from EBSCOhost. What Can an Employer Do' Prevention is the first, last, and primary line of defense against sexual harassment; in fact, prevention is the cure. Simply for the sake of human dignity, employees in healthcare settings are entitled to safe, harassment-free workplaces. EEOC guidelines encourage employers to take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned. (EEOC 1989) A recent survey of high-level training and human resources managers in small, medium, and large healthcare organizations highlighted how employers can establish harassment-free workplaces, thereby effectively reducing sexual harassment incidents and combating claims. Zero-tolerance is the watchword for employers. During a period in which there was a 150 percent increase nationwide in sexual harassment claims reported to the EEOC, 78 percent of surveyed organizations with tough, zero-tolerance sexual harassment policies reported reduced numbers of sexual harassment incidents. Managers agree that preventive sexual harassment policies coupled with good faith procedures help employers avoid the negative impact of harassing behavior at work. Such complaints harm the quality of care, culture, and employee morale of an organization (Moore, Cangelosi, and Gatlin-Watts 1998). Establish Policies EEOC guidelines stress the need for employers to establish, disseminate, and enforce anti-harassment policies and complaint procedures. As noted in Burlington, "Title VII is designed to encourage the creation of anti-harassment policies and effective grievance mechanisms." Employers should give each employee a copy of an easily understandable policy and complaint procedure and redistribute it periodically (Gardner and Lewis 2000). They also need to place the policy in their employee handbooks. Employees should sign a statement acknowledging that they have read and understood the policy, and employers should review the policy annually with them to ensure their continued understanding. Signed by the chief executive officer, the policy should contain the following key elements: • A clearly written, comprehensive statement of the employer's zero tolerance of sexual harassment by anyone in the workplace. It should clearly define sexual harassment, describing examples of acceptable and unacceptable behavior. • Assurances that employees who make harassment complaints and witnesses who provide information receive protection from retaliation. For example, on February 12, 1998, a jury awarded $80.7 million to a former UPS employee who said she was punished for accusing a coworker of poking her in the breast (Ahmad 1998). Sometimes a "conspiracy of silence" protects a harasser. Organizations must eliminate such codes of silence so that employees and witnesses will not fear reporting harassment. If the target remains silent, the harasser remains free to continue the harassing behavior toward the target and others (Davidhizar, Erdel, and Dowd 1998). • An easy-to-use, neutral process that encourages aggrieved employees to complain and provides several avenues to do so. For example, employers need to identify at least two neutral individuals to whom employees may complain. Employees should be assured that employers will investigate all complaints promptly. • Assurances that the employer protects confidentiality to the extent possible, sharing information only with those who need to know. The greater the degree of confidentiality, the more likely targets will feel protected and comfortable about filing complaints and witnesses will be forthcoming with relevant information. • A complaint procedure that provides for prompt, thorough, and impartial investigations by disinterested parties. (Current interpretation of the Fair Credit Reporting Act conflicts with some recommendations by the EEOC; see Gardner and Lewis 2000 for in-depth information.) The procedure should not be complicated and should protect employee privacy as much as practicable. Furthermore, given the recent decision in Oncale, the healthcare organization needs to provide a means for handling same-sex harassment complaints. • Assurances that if harassment is found, the employer will take immediate and appropriate corrective action, up to and including termination. To prevent a recurrence, employers should review periodically the behavior of harassers once corrective actions have been taken to be sure those actions are working. The importance of issuing written policies cannot be overemphasized. In Kimzey v. Wal-Mart Stores, Inc. (907 F.Supp. 1306 [1995]), a jury awarded $50 million in punitive damages to female employees who had been harassed by supervisors and managers. However, because Wal-Mart had issued a written policy stating that sexual harassment violations would not be tolerated, the judge reduced the award to $5 million. Offer Training Employers also need to train employees continually on their rights and responsibilities. In a recent study of healthcare trainers and human resources directors, 86 percent of respondents agreed that education and training had to be combined with appropriate policies as part of organizational efforts to eliminate sexual harassment. Training should be interactive to sensitize all staff; trainers should assess the effectiveness of the training effort to ensure that trainees understand the material; and organizations should mandate at least one antiharassment training session per year for every employee, regardless of job level (Moore, Cangelosi, and Gatlin-Watts 1998). Whatever the nature of the training effort, organizations should impress on all employees the economic consequences of sexual harassment--the adverse effects on productivity, corporate reputation, and job turnover, as well as the possibility of individual liability (Palow 2000). Employers must demonstrate a good faith effort at training all staff, both employed and contracted. Employee hiring procedures and contracts ought to mandate attendance at these training sessions. Furthermore, management needs to be trained on how to recognize signs of harassment and how to respond to them. Set an Example Managers, supervisors, and physicians need to set the example of behavior for everyone else. Those individuals occupy positions of power, and many studies show that harassers are usually in powerful positions (Moore, Cangelosi, and Gatlin-Watts 1998). Furthermore, careful attention should be paid to choosing an appropriate person to put in charge of eliminating sexual harassment. In Smith v. St. Louis University Hospital and Medical Center (109 F.3d 1261 [8th Cir. 1997]), the court found that the person in charge of curbing hospital harassment was the very head of anesthesiology who sexually harassed female residents. Before finding the hospital liable, the appellate court commented on the supervisor's "frequently and regularly" made, gender-related comments on sex. Purchase Employment Practices Liability Insurance Lawsuits are expensive, so expensive in fact that they have given rise to a new form of business insurance called employment practices liability (EPL) coverage. It is designed to protect a company against charges of sexual harassment, wrongful termination, discrimination, or similar allegations (Myers 1994). Professional liability insurance does not cover sexual harassment litigation costs or settlements (Preston 1999). Just five years ago, EPL insurance (EPLI) was an obscure policy available through only a handful of insurers. Today it is one of the hottest products offered by the insurance industry. This growth market increased from about $100 million to over $200 million in premiums between 1996 and 1997 (Ahmad 1998). The fastest-growing sales category is sexual harassment insurance. Employers who have EPL insurance can protect themselves against claims as high as $10 million, as long as they have in place proper work practices and procedures (Odd Jobs 1998). Because small physician associations may not have good antiharassment policies and procedures in place, EPL insurers tend to view large hospitals and health maintenance organizations as more attractive risks. Some institutions have a choice of whether to purchase directors' and officers' (D&O) coverage, malpractice policies that include EPL insurance coverage, or a stand-alone EPLI policy. With the increasing frequency of EPLI claims, many insurers advocate purchasing the stand-alone EPL insurance so as not to imperil D&O or malpractice limits (Sclafane 1998a). Conclusion Sexual harassment is an increasing source of workplace lawsuits that often result in large judgments against the employer. Nurses can now file class action suits against hospitals, and juries may now render verdicts on sexual harassment complaints to the tune of millions of dollars. Yet, healthcare employers can do a lot to protect themselves. Establishing strong, zero-tolerance policies on sexual harassment, setting good examples, providing training, and purchasing employment practices liability insurance can not only protect an organization from legal liability but, more important, can help eliminate sexual harassment in the workplace. References Gardner, S., & Johnson, P. (2001). Sexual harassment in healthcare: strategies for employers. Hospital Topics, 79(4), 5-11. Retrieved from EBSCOhost.