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SUBJECTS › PERSONNEL › Sexual Harassment
Reviewed 06/10

Sexual Harassment

Contents

Introduction

Workplace sexual harassment is any unwelcome sexual advance or conduct that creates an intimidating, hostile, or offensive working environment. Municipal liability for the sexual harassment of employees by other employees is a serious issue for local governments. Recent United States Supreme Court decisions have addressed questions of employer liability for workplace sexual harassment. These cases hold that employers may be liable for all actionable sexual harassment by supervisors, regardless of whether the employer was aware of the harassment. They also create liability for an employer's failure to create a workplace free of a sexually harassing atmosphere.

According to Title VII of the Civil Rights Act of 1964, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature:

  • when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or

  • when submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual ("quid pro quo" harassment); or

  • when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment ("hostile work environment" harassment).

42 U.S.C. §2000e-2(a)(1); 29 CFR §1604.11(a)(3). The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal law.

Washington State statutes against discrimination in employment are contained in ch. 49.60 RCW. This chapter establishes the Human Rights Commission and defines conduct that constitutes unfair practices for public or private employers. RCW 49.60.180 establishes a legal right for an employee to sue an employer for hostile work environment sexual harassment, quid pro quo sexual harassment, and disparate treatment based upon gender.

Since April 1, 2008, employers have been required to offer domestic violence/sexual assault leave.  See chapter 49.76 RCW which provides that an employee may take reasonable or intermittent leave from work, or work on a reduced schedule for specific activities related to an employee or family member being a victim of domestic violence, sexual assault or stalking for themselves or a family member. The employee may choose to use paid or unpaid leave in order to: seek legal or law enforcement assistance or remedies to ensure health and safety of the employee or the employee’s family members;
seek treatment by a health care provider for physical or mental injuries, or to attend to health care treatment for a victim who is a member of the employee’s family; obtain, or assist a family member in obtaining, services from social services programs; obtain, or assist a family member in obtaining, mental health counseling; or take actions to increase the safety of the employee or the employee’s family members, specifically including relocation, temporary or permanent, and participation in safety planning.

Practical Advice for Government Employers

To comply with both state and federal law, local government employers should make it known to all employees that the agency has zero tolerance for sexual harassment in the workplace. Employers need to develop a formal but easily understood policy against sexual harassment with a sensible complaint procedure, and then they must effectively communicate this policy to all employees. Additionally, employers must exercise reasonable care to promptly correct any sexually harassing behavior.

  1. Develop a written anti-harassment policy and proactive workplace program and make sure that all employees have a copy of it. To make sure that all employees have received and understood the written policies, ask employees to sign a statement confirming their understanding of the policy, and keep a copy of the signed form in each employee's personnel file.
  2. Notify employees of their rights, including how to report incidents of harassment.
  3. Establish a clear complaint procedure that establishes a process for handling complaints, investigating and documenting charges, and correcting misconduct. Create an open atmosphere in which complaints can be raised without fear of retaliation.
  4. Educate and train managers and supervisors about their responsibilities under the anti-harassment policy.
  5. Educate and train all employees regarding responsible behavior in the workplace and appropriate procedures for reporting incidents of harassment.
  6. Investigate complaints promptly and thoroughly.
  7. Take prompt and effective remedial action.

Reference Sources

Documents (Personnel Policies and Procedures/Ordinances and Resolutions)

Links to Other Useful Sites

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