Anti-Sexual Harassment Policy
Anti-Sexual Harassment Policy
Anti-Sexual Harassment Policy
Sexual harassment has become an issue in the workplace owing to the oblivious nature of the employees to the consequences. In the contemporary working environment, sexual harassment may constitute any unwarranted conduct by the employees to their colleagues. To understand the causes, effects, and consequences of sexual harassment within the context of the law, employers need to ensure that they highlight a workable and comprehensive anti-sexual harassment policy. Possibly, the society and other organizations recognize most of the cases of sexual harassment on women compared to the conditions of the men. Arguably, to achieve the purpose of any anti-sexual harassment policy, employers will evaluate the nature of the sexual conduct, review the evidence plausible in the case of any harassment situation, determine the nature of the work environment as hostile, and identify cases where employers are held liable for sexual harassment. Therefore, as a global company, the anti-sexual harassment policies that will be highlighted are certain to consider the condition of the men and the women as a way of promoting equality.
The company intends on conducting its activities in complete transparency adhering to the ethical allowance offered to employees. For that reason, employees may be held liable and accountable once they violate the policies highlighted (Staszewski, 1995). In the acknowledgment and consonance of such policies, it is expected that employees work under a favorable environment that is safe, fair, and harmonious. Any act of discrimination and harassment is prohibited as workers steer to build a positive culture that translates to a reliable and competent brand. Moreover, any false complaint of sexual harassment or availing phony evidence about a complaint will be considered a violation of the policy. Similarly, defiance of the policy warrants harsh disciplinary action that may be extended to termination.
Applicability and scope of coverage in the policy will be implemented to the following aspects:
- The policy extends to all the associates of the company, including employees under contractual recruitment.
- It shall cover any form of sexual harassment by consumers and clients of the company of both genders.
- The scope of the plan covers business locations within the company
- Any surrounding locations habited by company associates during the period of recruitment such as associate companies and offices.
- Modes of transport offered by the company
Quid Pro Quo Harassment
- For any tangible employment action to be taken against an employee, quid pro quo sexual harassment applies to the employer or authoritative figure that may be held liable regardless of their knowledge of the harassment until afterward.
Quid pro quo refers to a good or service that is traded in place of another item or service of equal value. Consequently, quid pro quo harassment occurs in the workplace environment when a manager or colleague offers a hint or the actual promise that they will offer a worker something such as a raise in pay or promotion in return for the employee’s cooperation and satisfaction of a sexual need (Staszewski, 1995). Additionally, it may be viewed in the perspective that a manager or authoritative figure will not retrench and reprimand an employee in exchange for various sexual favors. Although women are vulnerable populations to such form of sexual harassment, men are also prone to such situations. The act of quid pro quo may be verbal, physical, or non-verbal. Interestingly, they are both punishable based on the jurisdiction of the policy.
Hostile Work Environment
- Any form of speech or conduct of sexual nature that is seen or perceived as offensive or interfering with the performance of any worker is considered as a hostile environment sexual harassment.
- Any form of intimidating and harassing conduct directed to a colleague, subordinate or associates is considered as a hostile environment sexual harassment.
- Marginalization of employees based on the scope of responsibilities is considered as a hostile environment sexual harassment.
In labor law, a hostile work environment is a condition where the behavior of a person within the workplace creates a surrounding that is intricate for others to perform. Hostile work environment harassment is associated with discrimination against age, race, and gender (Staszewski, 1995). Such form of harassment is plausible in case the employee experienced intentional discrimination, severe and pervasive harassment, the conditions and privilege of work were violated, and if the management was aware of the harassment.
A Defined Procedure for Employees to Voice Their Complaints
To maintain the work environment free from sexual harassment, the company recommends employees to take various actions. They are required to approach the issue with complete professionalism ensuring that their relevance and arguments are posited as desired. Depending on the severity of the issue, victimized employees can:
- Talk to the person perpetuating the harassment to stop immediately through writing or verbally in person. A victim may issue a warning of reporting to the immediate authority
- They can also talk to other employees within the same rank or above about the incident and ask for assistance
- May report the incident to the chief human resource manager or any higher authority
If the case fails to be considered, the victim may file a complaint stating that they have been subjected to sexual harassment with a member of the company board or committee. Complaints need to be brought three months within the incident of harassment. Arguably, victims may make complaints in writing or through third parties that will be evaluated to relay the truth. Furthermore, sufferers will engage in a process of inquiry where they will be required to deliver a formal statement of all the incidents and claims (Staszewski, 1995). Afterward, they will then be given an opportunity to relay their arguments to the board as more investigations to the matter are made. Based on the validity and evidence presented against the perpetrator, an agreement will be made for punishment or termination. In this case, the victim will be eligible for restoration of their benefits and condition.
A Defined Penalty for Employees Who Violate This Policy
- Employees who violate the aforementioned policies in the presence of viable evidence will be subjected to disciplinary action that includes demotion, suspension or termination impending legal action.
The board and the respective human resource department in the company will decide disciplinary action. Evidence collected through the case will be stored in the employee files to act as a reference and ascertain confidentiality.
Economic Injury and Sexual Harassment
For a case to qualify as sexual harassment, it does not have to inflict economic injury to the victim. However, harassment may inflict economic injury by interfering with the performance of the employee within the work environment (Staszewski, 1995). In this case, the victim needs to inform the harasser unswervingly that the conduct is unsolicited and should stop. The victim should use any company grievance instrument or complaint system available.
An Anti-Retaliation Statement
All grievances will be evaluated critically, reserved as confidential, and investigated entirely. The company particularly prohibits any retaliation against employees for reporting sexual harassment. However, once the company finds that false charges have been filed disciplinary action may be taken against anyone who provides deceptive information.
Staszewski, G. A. (1995). Using agency principles for guidance in finding employer liability for a supervisor’s hostile work environment sexual harassment. Vand. L. Rev., 48, 1057.
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