It is important for employers to consider their company’s policies and practices when it comes to sexual harassment. Below is an overview of the legal definitions and requirements for employers regarding sexual harassment in the workplace.
What is sexual harassment?
Legal definitions of harassment can vary between the federal, state, and local levels. For example, the Title VII of the Civil Rights Act of 1964, the Illinois Human Rights Act, and the Chicago Human Rights Ordinance all provide definitions of sexual harassment. While it is important for employers to understand the exact laws that govern their businesses, for now we will provide a general definition.
Sexual harassment involves unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature that affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.
It is important to note that while the language regarding employee, employer, and workplace is often used to discuss this issue, the exact meanings are not always consistent. For example, in Illinois “working environment” is not limited to a physical location where an employee is assigned to perform their duties. Also in Illinois, harassers and victims can include nonemployees, as in those who have directly performed services for the employer pursuant to a contract with that employer but are not employees.
Why is having a sexual harassment policy important?
The first major reason employers should have a sexual harassment policy is that it may be required by law. Illinois law requires all parties to a public contract and all eligible bidders to have a written sexual harassment policy. All employers in the city of Chicago must have a written policy on sexual harassment.
Beyond any legal requirements, the best protection employers have against being held liable for sexual harassment claims is adopting a clear anti-harassment policy. Employers can be held liable for sexual harassment in the workplace in a variety of circumstances. This includes instances of harassment by supervisors that result in employment decisions, such as promotions, assignments, or termination. Alternatively, an employer can be held responsible if they are made aware of the harassment but do not take corrective action.
Not only can having a known policy establish what constitutes unacceptable forms of behavior but it may also help victims feel more comfortable reporting harassment to the company before any government agencies.
What should a sexual harassment policy look like?
An anti-harassment policy should contain the following:
- A statement that sexual harassment is illegal and not tolerated by the company.
- A definition of sexual harassment under the laws that apply to the company.
- Descriptions of what constitutes sexual harassment, with examples.
- Steps on how employees can file a complaint with the company.
- Reassurances that those who report harassment will not face retaliation.
- An overview of the investigative procedure for complaints.
- An outline disciplinary action for those who are found to have engaged in harassment.
- An list of the relevant government agencies that employees can report harassment to with contact information.
When crafting an anti-harassment policy, employers should understand the legal requirements from the various levels of government. Some government agencies, such as the Illinois Department of Human Rights, provide outlines and sample policies that employers can use.
Final Thoughts
Employers should also consider how they will be able to maintain their policy. Not all reporting or investigation procedures will work with all companies. How current and future employees are to be made aware of the policy should also be determined.
For more information on this article or business law in general, please contact Albee Law PC at (312) 279-0115 or by email at info@albeelaw.com.
