Over the past few months I've trained more managers and employees on harassment (not the how-to, but the how not-to) than I have in years. I’m also receiving more and more calls from clients on how to deal with harassment complaints and issues.

So what's going on? Is there more harassment occurring in our workplaces? Are we more sensitive to and/or less tolerant of harassing behavior? Or have we become so paranoid by the media and scare tactics that we’re going to question everything?

Only you know whether there are more harassment complaints or issues in your organization. However, I researched the answer from a national perspective. There has actually been a decline in the number of formal charges received by the EEOC since its peak in 1997. In 2004, there were 17% fewer claims (13,566) than in 1997 (15,889). Interestingly, the number of harassment claims by males increased from a 9% average in 1992 and 1993 to approximately 15% of claims in 2002, 2003 and 2004.

So, with that information in mind, let’s start looking at your organization. First of all, if you think that just by having a harassment policy in your employee handbook that you’re protected from harassment lawsuits, it’s time to think differently. The courts have repeatedly stated that to help protect an organization from major financial damages, the organization must not only have a written policy but must conduct formal management training sessions to ensure they understand the legal requirements and company protocol regarding harassment. This training should occur annually. Also, without evidence of such training, companies will be hard-pressed to win a claim. So, make sure each manager who attends the training signs an attendance sheet.

California has taken the training concept a giant step further. Beginning January 1, 2005 all California companies with 50 or more employees must provide two hours of sexual harassment education to all supervisory employees before the end of 2005.

Would you comply?

So, what’s happening in your organization? Here’s sampling of questions to help you assess whether you might have a problem.

There are so many more questions we could ask. The bottom line is if your managers don’t know how to respond to claims or questions on harassing behavior, you are at great risk. For example, if an employee complains to a manager who fails to take action and who fails to inform senior management, your organization will still be liable for failing to respond to a harassment claim.

I’m continually amazed that after 30 years of harassment claims, “we” haven’t figured out what’s appropriate behavior in the workplace. There are still too many overt and unwelcome sexual proposals as well as violent sexual acts occurring in the workplace. I’m not sure that our basic training will get through to these extreme individuals.

But our “everyday” employees could be doing any of the following: sharing an inappropriate joke or story, giving an unwelcome hug, telling one-too-many blonde jokes, hanging a sexy photo or calendar on the wall, seeing each new employee as their dating pool, emailing jokes and photos of a sexual nature, visiting inappropriate websites, asking a coworker out repeatedly and not accepting that they’re not interested,… The list can go on.

This issue is too dangerous and costly to not be proactive. So, take an honest look into your organization, ask your coworkers, managers, and employees what’s really going on, make sure your policy is what you need, and train your people.

Copyright © 2005 Arlene Vernon, HRx, Inc.