Sexual harassment in the workplace - What businesses should be aware of

Sexual harassment in the workplace is defined as unwelcome behaviour of a sexual nature that creates a hostile or intimidating work environment. According to corporate law firms in Sri Lanka, this can include a wide range of actions, both verbal and physical. Here are some examples:

1.      Verbal Harassment

·         Sexual Comments or Jokes: Making remarks or jokes of a sexual nature.

·         Inappropriate Questions: Asking about someone's sex life or commenting on their appearance.

·         Requests for Sexual Favours: Asking for sexual favours in return for job benefits.

2.      Non-Verbal Harassment

·         Inappropriate Gestures: Making lewd gestures or facial expressions.

·         Displaying Offensive Material: Showing or distributing sexually explicit images or messages.

·         Staring or Leering: Looking someone up and down in a way that makes them uncomfortable.

3.      Physical Harassment

·         Unwanted Touching: Touching, hugging, or patting someone without their consent.

·         Assault: More severe forms of physical harassment, including sexual assault.

4.      Quid Pro Quo Harassment

·         Job-Related Threats or Promises: Implying that submission to sexual advances will result in job benefits, such as promotions, or that rejection will result in negative job consequences.

5.      Hostile Work Environment

·         Pervasive Conduct: Creating an environment where inappropriate conduct is widespread and affects the ability to perform job duties.

·         Pattern of Behaviour: Repeated actions that collectively contribute to a hostile work environment, even if individual actions may seem minor.

Legal and organisational definitions

Different jurisdictions and organisations may have specific definitions and policies regarding sexual harassment. It is important to refer to local laws and company policies for precise definitions and procedures for reporting and addressing harassment. It is best to consult with corporate lawyers in Sri Lanka who can guide a business regarding the specific laws in this area.

Sexual harassment is taken seriously by most organisations and can have severe consequences for both the harasser and the organisation if not addressed properly. Employers are generally required to take steps to prevent harassment and respond appropriately to complaints, because if not they could be looking at both legal consequences and financial difficulties. In situations like these, companies should get advice from reputed business lawyers in Sri Lanka, on how to mitigate the risks of sexual harassment in the workplace.

What should businesses be aware on regarding sexual harassment in the workplace?

Businesses need to be proactive and diligent in addressing and preventing sexual harassment in the workplace. Here are key areas they should focus on:

1.      Policies and Procedures

·         Clear Policy: Develop and distribute a clear, written policy on sexual harassment that defines unacceptable behaviour and outlines consequences.

·         Reporting Mechanisms: Establish confidential and accessible reporting channels for employees to report harassment without fear of retaliation.

·         Investigation Procedures: Implement procedures for investigating complaints promptly and thoroughly.

2.      Training and Education

·         Regular Training: Conduct regular training sessions for all employees, including management, on recognising, preventing, and addressing sexual harassment.

·         Specialised Training for Managers: Provide additional training for managers and supervisors on handling complaints and creating a respectful work environment.

3.      Workplace Culture

·         Promote Respect and Inclusion: Foster a workplace culture that values respect, diversity, and inclusion.

·         Encourage Reporting: Create an environment where employees feel safe and supported in reporting harassment.

·         Zero Tolerance: Clearly communicate that the organisation has zero tolerance for harassment and will take appropriate action against perpetrators.

4.      Support for Victims

·         Confidential Support: Offer confidential support services, such as counselling and employee assistance programs.

·         Protection from Retaliation: Ensure that employees who report harassment are protected from retaliation and that any retaliation is addressed immediately.

5.      Legal Compliance

·         Stay Informed: Keep up to date with local, state, and federal laws regarding sexual harassment.

·         Legal Advice: Consult with legal professionals to ensure policies and procedures comply with current laws and regulations.

6.      Monitoring and Review

·         Regular Audits: Conduct regular audits of the workplace to identify and address potential issues.

·         Feedback Mechanisms: Implement mechanisms for employees to provide feedback on the workplace environment and the effectiveness of harassment policies.

·         Policy Updates: Regularly review and update harassment policies and procedures to reflect changes in laws and workplace dynamics.

7.      Taking Action

·         Immediate Response: Act promptly on harassment reports to prevent further harm.

·         Disciplinary Measures: Enforce appropriate disciplinary measures against those who violate harassment policies.

·         Remedial Measures: Implement remedial measures to support victims and prevent recurrence.

Businesses can create a safer, more respectful, and more productive work environment for all employees by implementing these steps.

What consequences could a business face in light of a sexual harassment claim by an employee?

When an employee makes a sexual harassment claim, a business can face several significant consequences if the claim is substantiated or mishandled. According to reputed labour law firms in Sri Lanka, these consequences can be legal, financial, reputational, and operational. Here are the key areas of potential impact:

1.      Legal Consequences

·         Lawsuits: The business could be sued by the victim, resulting in costly litigation. Lawsuits can result in settlements or judgments that may include compensatory and punitive damages.

·         Fines and Penalties: Regulatory bodies may impose fines and penalties on the business for failing to comply with employment laws.

2.      Financial Consequences

·         Settlement Costs: Businesses may have to pay significant amounts in settlements to resolve claims out of court.

·         Legal Fees: The cost of defending against a harassment claim can be substantial, including attorney fees and other legal expenses.

·         Insurance Premiums: Employment practices liability insurance premiums may increase following a claim.

3.      Reputational Consequences

·         Damage to Reputation: Public knowledge of a harassment claim can damage the business's reputation, leading to loss of customers and difficulty in attracting talent.

·         Negative Publicity: Media coverage and social media discussions can amplify the negative impact, affecting the business’s brand and public image.

4.      Operational Consequences

·         Employee Morale: Allegations and the subsequent handling of the situation can significantly impact employee morale and productivity.

·         Turnover: There may be an increase in employee turnover, both from those involved in the harassment case and others who are dissatisfied with the workplace environment.

·         Disruption: Investigations and legal proceedings can be time-consuming and distracting, disrupting normal business operations.

5.      Compliance and Regulatory Consequences

·         Increased Scrutiny: Regulatory bodies may subject the business to increased scrutiny and more frequent audits or inspections.

·         Mandatory Training and Policies: The business might be required to implement new training programs, revise policies, and take other remedial actions as part of a settlement or compliance agreement.

6.      Internal Consequences

·         Workplace Culture: Mishandling a harassment claim can lead to a toxic workplace culture, making it difficult to maintain a healthy work environment.

·         Leadership Accountability: Failure to address harassment claims effectively can lead to questions about leadership’s competence and commitment to employee well-being.

Sexual harassment in the workplace is a critical issue that businesses must address proactively to ensure a safe, respectful, and inclusive work environment. By implementing clear policies, providing regular training, and fostering a culture of respect, businesses can prevent harassment and effectively respond to complaints. Legal compliance, prompt investigations, and support for victims are essential to mitigate the severe consequences of harassment claims. Ultimately, prioritising these measures not only protects employees but also safeguards the business’s reputation, financial stability, and overall operational success.