Why a Sexual Harassment Policy

Sexual Harassment Policy

The purpose of this policy statement is to set and clearly present the company’s position on sexual harassment. The bottom line is that sexual harassment is a violation of federal law and there will be zero tolerance in this company. To ensure that everyone understands this policy, it is necessary to define what is meant by sexual harassment. According to Title VII of the 1964 Civil Rights Act, as stated in Dessler’s Human Resource Management, any harassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment constitutes sexual harassment. (Dessler, 2005) This includes derogatory attitudes toward women, dating pressure, or physical sexual contact. Our company, although mandated, fully supports these federal guidelines and has an affirmative duty to ensure workplaces are free of sexual harassment and intimidation.

Subsequent guidance, such as The Civil Rights Act of 1991, reinforces the guidance on sexual harassment and builds upon it by allowing victims of intentional discrimination or this type of harassment to have jury trials and to collect compensatory damages for pain and suffering and punitive damages in cases where the employer acted with “malice or reckless indifference” to the individuals rights. (Dessler, 2005) This adds increased emphasis to the intolerance of such conduct by members of this company, whether they be of opposite or same sex. Both are equally illegal as the later, same-sex sexual harassment, was upheld in a 1998 U.S. Supreme Court ruling in the case of Oncale vs Sundowner Offshore Services Inc. This ruling by the U.S. Supreme Court stated that same-sex subordinates, co-workers, or superiors are liable under the theory that they create a hostile work environment for the employee. (Dessler, 2005) Any environment that is intimidating, hostile, or offensive impacts an individual’s performance by affecting their ability to fully contribute and achieve their maximum potential, constitutes sexual harassment, and will not be tolerated. (AFI 36-2603, 2002) This includes derogatory attitudes toward women, dating pressure, or physical sexual contact.

Any member of this organization who makes a complaint has the assurance of this company that they have protection against retaliation. This also applies to any member of this company who provides information related to such sexual harassment complaints. The following outlines the steps that will be taken if a manager or member of our human resources department receives a sexual harassment complaint from an employee:

Sexual Harassment