I (Don't) Wanna Hold Your Hand – Dealing with Unwanted Cupids in the Workplace

By Kacey M. Coleman

Valentine’s Day is almost here! Yes, that day when “love is in the air,” – and profit on the minds of flower, jewelry and greeting card companies. For most employers what should be on their mind is sexual harassment. This “season of love” provides an annual opportunity to remind employers of the real threat of sexual harassment claims in the workplace.

Of course, issues arising from sexual harassment, a form of gender based discrimination, are not usually the same as issues involving love and consensual dating - activities we celebrate on Valentine’s Day. Instead, sexual harassment involves those circumstances where an employee is not open to the advances, overtures or sexually motivated behavior of a supervisor or coworker.

Much of what we see in the media concerning sexual harassment often involves an abuse of power by someone holding the power to negatively impact an individual’s employment.  However, the fact is sexual harassment occurs anytime an employee is subject to unwelcome sexual conduct or comments by a supervisor, a co-worker, or even a customer or other third party with whom your company does business. In today’s world this can occur in many ways – directly through words and/or actions, through email, even using social media.

Regardless of the source or format, an employer has a duty to investigate all complaints of sexual harassment and, when needed, to clip a misguided Cupid’s wings.

If you think Valentine’s Day is a costly holiday, it pales in comparison to the potential costs to your company (in productivity, time and money) of a sexual harassment claim. The EEOC and the courts are clear in the expectation that employers should be vigilant in providing training to educate their work force about sexual harassment – training for employees as well as supervisors who have an affirmative duty to report and address harassment.

Valentine’s Day is a good reminder to make sure your workplace policies, procedures and training are up to managing the slings and arrows of love’s misfortune.

When was the last time your company provided training to educate your supervisors and employees on the most effective methods to prevent sexual harassment and discrimination? Call us to learn more about our Sexual Harassment and Discrimination Prevention Training sessions.