Burnham & Flower

	Saying NO To Sexual Harassment Recently, anti-discrimination laws have been more rigorously enforced. Therefore, the issue of sexual harassment is not one to take lightly. As victims slowly gain more confidence in reporting cases, businesses are becoming increasingly vulnerable to lawsuits. Employers are being held liable for any sexual harassment committed by supervisors, vendors, clients, or any other employee. To complicate matters further, sexual harassment is difficult to define, and is often an extremely sensitive issue. The U.S. Equal Employment Opportunity Commission (EEOC) defines it as: Sexual Harassment: Unwelcome sexual behavior characterized not only by blatant sexual harassment, but also by any subtle sexual behavior, which interferes with work performance or creates an intimidating, offensive environment. Despite this definition, the issue is far from black and white. Determining whether and action is intimidating or offensive is entirely subjective. As a result, keeping employees from crossing the sexual harassment line is not so simple. Complaints can sometimes cause hard feelings, decreased productivity, and even damage to your company's reputation. This doesn't even take into account the expense of a lawsuit, should one be filed. Because of its ambiguous nature, judges may find it difficult to render verdicts. However, businesses with anti-harassment programs in place are often treated more favorably than those with none. Despite difficulties surrounding this complex issue, any measures you enact are well worth the effort. Prevention: Set the tone through vocal warnings and your own behavior that sexual harassment will not be tolerated.		Implement a written policy that takes a direct stand against sexual harassment in the workplace. Include examples of the types of conduct that are prohibited. Consider utilizing a training program to teach your employees the facts about sexual harassment. Designate not one, but two executives (preferably one of each gender) to handle sexual harassment complaints. Employees must have a way of voicing anxieties other than by going through just one supervisor who may be part of the problem. Take Action: Take all complaints seriously, and investigate them as soon as they surface. Gather any information that may be helpful in evaluating the claim by speaking with the complainant, as well as other employees. Obviously, maintaining confidentiality is of utmost importance. Confront the accused privately, and be sure to listen to his or her side of the story. If you conclude that the accused is guilty, evaluate all th possibilities for corrective action to find the best possible resolution of the problem. Unfortunately, every business is susceptible to sexual harassments suits. Please be aware of the risks, and take precautions to protect your employees and your business. Employment practive liability (EPL) insurance has been developed in response to employment - related risks. Although EPL policies vary greatly, this insurance extends coverage beyond that of basic commercial policies. Please contact us for more information on how you can protect yourself from employment practices liability.