THREE THINGS SMALL EMPLOYERS GET WRONG ABOUT SEXUAL HARASSMENT AND HOW YOU CAN GET IT RIGHT

Sexual harassment. That's not exactly a topic most business owners are eager to talk about. Its not a popular or fun subject and certainly something that most hope never to have to deal with. Ever. But the fact is there are thousands of sexual harassment claims made each year. According to the EEOC there were 88,778 claims made in fiscal year 2014. Those claims resulted in thousands of sexual harassment lawsuits, which you can imagine are expensive and not so good for your brand. (That's a double hit to your bottom line.)

While you cant control employee behavior completely, you can create a strategy to minimize tour risk and decrease the chances that your business with be faced with a sexual harassment lawsuit.  Being proactive is the best defense. Some employers do this better than others.  Through my experience I've noticed a few common mistakes that small employers make when it comes to handling sexual harassment in their businesses. I don't want you to make those mistakes because they are completely avoidable. So I'm  going to share with what they are, then some practical steps to help you get it right.

#1 They don't investigate claims of sexual harassment

Not investigating claims of sexual harassment or not investigating thoroughly is a frequent mistake made by small employers. There are many reasons why this happens, but usually time, skill and attitude are the main contributing factors.
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Time: As a business owner, you wear many hats. Between managing your employees, marketing your business, taking care of your customers, there may simply not be enough time to do a proper investigation. Or the investigation may just get lost in the pile of other stuff on your desk.

Skill: Other times entrepreneurs may not know how to investigate a claim of sexual harassment. This isn't a topic covered in most business workshops or courses, so it is likely that you've received no training what-so-ever on this topic. So it would be understandable to not feel super confident with this process.

Attitude: This may be the most difficult of the reasons to overcome. In this case, the person making the claim of sexual harassment isn't taken seriously. The business owner may feel that the employee making the claim is being too sensitive or that they deserve the treatment. Or there may be some favoritism towards the person being accused of the harassment. This can be especially challenging in family businesses where  the accused person could be a relative of the business owner.
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How to Get It RIght

• Time stops when a claim of sexual harassment is made. You have to clear your desk and calendar for it. If you do not have human resources staff then this investigation becomes your number one priority. This may not be what you want to hear, but it is the best advice to keep your company out of trouble.  The good news is that by making the investigation a priority, you can get through the process quickly, which is the desired outcome anyway. So the tip here is to push pause on everything else and get the investigation done.  If you have a human resources staff, they can take the lead on the investigation, but you still need to be closely involved.

• Take every claim of sexual harassment seriously. Whether you have one employee or a million employees, if one of them tells you that are being sexually harassed, treat it as a serious matter. That is regardless of how you personally feel or biases that you have. If this is challenging, appointing another person to conduct the investigation is a good option. 

• Take a course that is designed for business owners and managers on sexual harassment. Any management or supervisory employees that you have should also take this course. Not only will you learn about sexual harassment and how to prevent it, you'll also learn what to do if a claim of sexual harassment is made. Learning how to conduct an investigation will help you feel prepared if the situation ever arises. The more prepared you feel the less likely you will ignore a claim of sexual harassment or not conduct an investigation. A bonus benefit with taking a course is that by applying some of the concepts taught in the course, you can significantly reduce the chances of sexual harassment occurring in your business. 

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• Work with a human resources consultant. If you're really not  up for taking on a sexual harassment investigation (And I can't say that I blame you.) hiring a consultant to do it for you is a good move. The benefits of working with a skilled consultant and numerous. First, they are  experienced and knowledgeable on how to handle sexual harassment claims. Additionally they will be neutral since they do not know your employees personally. This fact may increase the willingness of employees to participate in an investigation. Last but not least, working with  a consult shows that you take claims seriously. Consultants aren't exactly cheap, so it sends a clear message that you are committed to the process and to addressing sexual harassment claims. 

#2 They don't train employees on sexual harassment prevention

Training is so easily over looked. But if employees aren't educated on sexual harassment and understand the types of behavior that are considered sexual harassment then preventing sexual harassment becomes a huge challenge. Employees need to know exactly what your expectations are for them and the behaviors that will not be tolerated. You simply cannot assume they know this information. Once an employee completes training they are now accountable for their behavior. There are no excesses for unacceptable conduct. Its also the easiest thing that you can do as employer to reduce sexual harassment and ensure that all of your employees understand how to report sexual harassment claims.
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How to Get It Right

• ​Train your employees. Sexual harassment  prevention training should be done annually and should also be mandatory for all employees. I suggest all new hires complete sexual harassment prevention training when hired as part of the orientation and training program, then annually throughout the term of their employment. 

• Train your supervisors and managers.  Employees that manage, lead or direct other employees need additional training beyond the training that all other employees receive.  Management level employees have additional responsibilities as sexual harassment claims may be reported to them or they may need to proactively address inappropriate behaviors. Training equips them to effectively do these things. 

• Seek out resources. You don't have to facilitate the training course yourself. Online training is an effective and convenient means to train your employees and often less expensive than bringing in a facilitator. Check out Preventing Sexual Harassment in the Workplace :What Every Employee Needs to Know to Recognize, Report and Prevent Sexual Harassment at Work. This online course is an affordable training solution for any non-management employee. 

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• Set a budget for training. Many times small employers don't provide sexual harassment training because there isn't a budget for training. Training  is a critical area for any business with employees. Meet with your accountant and determine a reasonable training budget for your business. Then ensure that sexual harassment training becomes part of how those dollars are spent each year.

#3 They allow a culture of inappropriate behavior to develop

Inappropriate behavior left unchecked is a disaster waiting to happen.  This inappropriate behavior becomes a culture that breeds sexual harassment.  These behaviors may on the surface be harmless. For example an employee may hang a calendar with bikini clad models on their desk, or you may over hear an employee make comments about another employee's body. How you address or choose not to address these issues will determine the type of culture that develops in your company. By remaining silent, or even worse participating in behaviors that may be offensive to someone quickly creates a  culture where sexual harassment is condoned.  This happens whether it is your intent or not. Silence is not golden when it comes to sexual harassment. 
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How to Get It Right

• Address inappropriate behavior.  Ignoring behaviors that are offensive will only encourage more inappropriate behavior.  When you see, hear or observe something inappropriate immediately put a stop to it. Empower every manger and supervisor in your business to do the same.

• Establish a clear code of conduct. If you don't want your employees discussing their escapades, bullying or harassing employees or displaying inappropriate things in their work areas, you need to have a code of conduct. The code of conduct should clearly define behaviors that are unacceptable, what your expectations are and the consequences for not adhering to the code of conduct. 

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• Create a harassment free workplace. You can't control employee behavior, but you can manage it. Communicate and reinforce through your actions that harassment will not be tolerated in your business. 

Hey, so I know you're ready to get your employees started with a sexual harassment course......

Here you go! This course is designed to train non-management employees on sexual harassment prevention. Your employees can take this course from any device that have internet access which makes it super convenient for any business. 

Your employees will learn

• The legal definition of sexual harassment
• The types of sexual harassment
• Behaviors and speech that are considered sexual harassment
• The types of sexual harassment targets and harassers
• How to report claims of sexual harassment
• Actions they can take to prevent sexual harassment

It is easy to enroll your employees and administer the course for your business. We do all of the set up and you also receive an email confirmation when your employees complete the course. You can visit the course page to find out  more about this course and get your employees enrolled. 

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