Sex and Sexual Harassment

This week I’ve been thinking a lot about sex and sexual harassment. The two are almost always linked. Take this week’s headlines. Sandra Bullock and hubby Jesse James are everywhere. James was unfaithful, it appears more than once. And included in his repetoire of sexual misconduct are allegations that he sexually harassed an employee. The employee claims that James put up inappropriate pictures in the workplace, propositioned her, exposed himself to her, and when she complained, terminated her in retaliation. These are classic examples of hostile work environment sexual harassment. (As is this clip from The Office).

Not surprisingly, the employee sued him. From the little I read, her attorney dismissed the complaint with prejudice (meaning she can’t refile it) when they settled the case. This is old news. The case appeared to be settled in 2001. It’s making headlines only in 2010 because the press seems much more interested in proving James is a sexual derelict.

While I generally feel sorry for celebrities in the sense that their dirty laundry is aired for all the world, I am hopeful that America’s queer fascination with sexual deviancy is opening up a greater discussion in the press of what sexual harassment is and why it’s not going away. For instance, Fox News reported this week that reports of sexual harassment are increasing, particularly male on male sexual harassment. However, in the same article, attorneys at the EEOC still opine that sexual harassment is vastly underreported.

What’s my sage piece of advice on all this? If you’re an employer, have ALL your employees get the sexual harassment training that’s mandatory for managers. Investigate anything that even remotely resembles harassment in the workplace (not just sexual, but also race/religion/sex preference based, etc.) And take any complaint of sexual harassment or potential sexual harassment seriously. Consult with an HR guru or employment lawyer to make sure you take all necessary legal action.

If you’re an employee and suspect you’ve been sexually harassed, educate yourself. Then, if possible, tell the person at fault that the conduct must stop. If you can’t, or you do and the conduct doesn’t stop, let your manager and/or HR personnel know what’s happening. Document when and what occurred. If your taking action does not create a meaningful response by your manager or HR, seek someone higher up who will take you seriously. If worse comes to worse, seek an employment lawyer who can advise you on your rights and ensure that management takes your complaints seriously.

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