Thoughts & Opinions

by

Eva Del Rio

A collection of columns

and articles about HR

and the workplace

3 Common Myths About Workplace Sexual Harassment

Because I’m an HR person, many people think of me as a sexual harassment cop.  When I’m walking toward a group who is engaged in conversation, I’m used to seeing them quickly change the subject as I approach.  Or someone will say loud enough so I can hear it, “Hush-sh…. here comes HR”.  I know they’re half kidding, but do you know why they do this?  I think it’s a general uneasiness about their understanding of what constitutes sexual harassment in the workplace, which is an understanding often based on myths.   So let’s discuss three common ones I’ve encountered.

  • Myth 1:  A single, isolated incident can constitute workplace harassment.
  • Fact:  For offensive behavior to rise to the level of workplace sexual harassment, it usually takes more than one occurrence or two.  In fact, the term “persistent and pervasive behavior” is often used to describe harassment in a legal context, and certainly implies more than one instance.  That’s not to say that a single act, if severe or offensive enough can’t be sufficient, but those are rare.  So if something inappropriate happens once or twice, and then the behavior is corrected, no law or policy was breached.
  • Myth 2: A company is not responsible for harassment from vendors, customers or other non-employees. 
  • Fact: Oh yes, they are. Companies are required to maintain a harassment-free workplace for their employees.   So, if an employee experiences offensive behavior from those construction workers fixing the roof, or the vending machine vendor, or that over-friendly-touchy-feely customer, the employer must investigate and take corrective action.
  • Myth 3: Temps and independent contractors are not protected by workplace harassment standards.  
  • Fact: Yes, they are.  All individuals receiving compensation are protected by legal standards and company policies as long as they’re performing work for -or on behalf of- a company.

Lastly, a word about giving complements. Yes, you can complement someone’s attire (male or female, same sex or opposite sex), as long as you stay classy.  For instance, “You’re looking sharp today”, is perfectly acceptable. And, just as you would if you were complementing a family member, stay away from commenting about someone’s body, and you’ll steer clear of sexual harassment territory.

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