RENEWED FOCUS
Company policies are changing as the number of workplace sexual harassment claims has increased related to the Me Too movement
It's been more than a year since the Me Too movement started. Where does the movement stand now, especially in the realm of workplaces?
It's still a hot topic in workplaces. The Equal Employment Opportunity Commission (EEOC), the federal agency charged with investigating unlawful workplace discrimination, harassment and retaliation, reported an increase in the number of sexual harassment claims filed in 2018. The EEOC processed approximately 7,600 claims of workplace sexual harassment in 2018 as opposed to about 6,700 claims the year before — an increase of roughly 12%. The EEOC further reported that it recovered in excess of $56,000,000 on behalf of employees alleging workplace sexual harassment. Significantly, the numbers reported by the EEOC do not capture internal complaints of workplace sexual harassment or private settlement amounts. If it did, the EEOC's numbers would be significantly higher and reflect the much deeper impact the Me Too movement has had on workplaces in Oklahoma and across the country.
The bottom line is that the Me Too movement has changed and will continue to change the way employers view and handle workplace sexual harassment.
How have employers addressed issues associated with the movement?
Employers are more open and proactive about addressing the issue. Prior to the Me Too movement, workplace sexual harassment seemed taboo to discuss among ownership, upper management and employees. That is no longer the case. If the Me Too movement has taught employers anything it is that these issues are real and cannot be ignored. Most employers have also reviewed and revised workplace sexual harassment policies and procedures and reinforced their no tolerance stance to employees. These new and revised
policies do not simply focus on what is “unlawful” with respect to workplace sexual harassment but also promote mutual respect within the workplace. Employers recognize that a workplace promoting respect will result in fewer instances of conflict between employees, including harassment of any nature.
What key things should still be on employers' minds when it comes to preventing and properly handling sexual assault claims in the workplace?
Training, training and more training. An employer's policies and procedures regarding sexual harassment are only as good as the training that communicates and confirms those policies and procedures to the employer's employees. Employers should endeavor to provide sexual harassment training, including training on other prohibited workplace conduct, as often as reasonably practical. The size and sophistication of the employer will dictate how often sexual harassment training is reasonable.
Employers should also be cognizant of the nonlegal ramifications of not preventing and properly addressing instances of sexual harassment. Since the Me Too movement started, allegations of sexual harassment have garnered heightened attention through news outlets and social media. This is true even if the allegations of sexual harassment are time barred or do not otherwise rise to the level of actionable harassment under the law.
Employers should consider how this negative public attention impacts their business relationships with customers and employees and perception within the community.