Sexual Harassment in the Workplace: Are You Protecting Your Employees & Staying Compliant?

When we think of workplace sexual harassment, the common assumption is that women are the primary victims. However, a recent case brought before the Equal Employment Opportunity Commission (EEOC) highlights that men can also be subjected to unlawful harassment.

EEOC Case: Male Employees Harassed by Female Manager

Two male assistant managers at a grocery store successfully proved before the EEOC that their female store manager engaged in sexually harassing behavior. According to the complaint, the manager:

• Openly discussed her sexual desires in the workplace
• Rubbed against employees inappropriately
• Referred to herself as one employee’s girlfriend
• Called male employees "baby"
• Exposed her bra to them

The EEOC ruled that this conduct constituted sexual harassment, reinforcing the fact that harassment can affect employees of any gender.

Understanding Workplace Sexual Harassment

Sexual harassment, as defined by the EEOC, includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment conditions, creates a hostile work environment, or results in job-related consequences.

Types of Sexual Harassment

1. Quid Pro Quo Harassment – When job benefits, promotions, or continued employment are conditioned upon accepting unwanted sexual advances.
2. Hostile Work Environment – When unwelcome conduct is severe or pervasive enough to create an intimidating, offensive, or abusive work environment.

Regardless of the gender of the victim or harasser, all forms of harassment are unlawful.

Steps Employers Can Take to Prevent Workplace Sexual Harassment

Employers have a legal and ethical responsibility to maintain a safe, harassment-free workplace. Here’s how organizations can take proactive measures:

1. Establish a Clear Anti-Harassment Policy

• Define sexual harassment and provide clear examples.
• State that harassment of any kind, regardless of gender, is unacceptable.
• Outline the procedure for reporting incidents.
• Ensure there are multiple reporting channels (e.g., HR, anonymous hotlines).
• Reference: EEOC Guidelines on Harassment

2. Conduct Regular Harassment Prevention Training

• Train employees on identifying, preventing, and reporting sexual harassment.
• Ensure leadership and managers understand their responsibilities.
• Provide bystander training to encourage reporting of inappropriate behavior.

3. Encourage a Workplace Culture of Respect

• Foster an environment where all employees feel safe and valued.
• Promote open communication and zero tolerance for harassment.
• Lead by example—managers should model appropriate behavior.

4. Investigate All Claims Promptly and Fairly

• Take every complaint seriously, regardless of the victim’s gender.
• Conduct impartial investigations with confidentiality.
• Enforce disciplinary actions when necessary to deter future misconduct.

5. Provide Support to Victims

• Offer access to employee assistance programs (EAPs) for counseling.
• Ensure there is no retaliation against individuals who report harassment.
• Regularly review policies to improve protections.

Final Thoughts

The EEOC case serves as a reminder that sexual harassment can happen to anyone—male or female. Employers must take proactive steps to foster a culture of respect, implement clear policies, and provide proper training to ensure a harassment-free workplace.

By taking these steps, employers can protect their employees, maintain compliance, and create a safer work environment for all.

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