As accusations of sexual harassment continue to dog Herman Cain’s run for the Republican Presidential nomination and the media blare new developments daily, it brings to my mind four questions that employers should ask themselves:  What does sexual harassment in the workplace consist of?  How do we prevent it?  What should we do when an allegation of sexual harassment does occur?  Why should we care?

Taking the last question first, i.e. why care, there are important legal considerations to having a workplace free of sexual harassment. Sexual harassment in the workplace violates Title VII, a federal law enforced by the Equal Employment Opportunity Commission (EEOC) prohibiting discrimination against protected groups.  There have also been laws against sexual harassment enacted by each state. But more than the legalities, it simply makes good business sense to maintain a working environment in which employees feel comfortable and respected to avoid the costs of poor morale, reduced productivity, lawsuits, and damaging public relations issues.

Sexual harassment consists of any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be considered sexual harassment.  The harasser can be the victim’s supervisor, manager or co-worker or non-employee such as a customer or salesperson.

Although Cain’s accusers are women, and it is common for females to be victims of male harassers, sexual harassment is not gender dependent. The victim can be male and the harasser female and harassment can occur within the same gender as well.

So how do you make sure it doesn’t happen at your workplace?

Adopt a clear sexual harassment policy. Your policy should be in your employee handbook and should be distributed separately to all new employees to emphasize its seriousness and to make sure everyone understands it.  If you have an intranet, post it there as well and on any bulletin boards where you normally post employee notices.  Your policy should: define sexual harassment, state in no uncertain terms that you will not tolerate sexual harassment, state that any wrongdoers will be disciplined (and that such discipline may include termination), set out a clear procedure for filing sexual harassment complaints, state that you will investigate fully any complaint that you receive and state that retaliation against anyone who complains about sexual harassment will not be tolerated.  It’s important that employees have more than one person to report a complaint to; the last thing you want to have is a victim whose only recourse is to complain to their harasser!

Train your staff.  Conduct training sessions for employees at least annually. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment, review your complaint procedure and encourage employees to use it.  Let employees know that you take this topic seriously and do not tolerate inappropriate behavior.

Train supervisors and managers. At least annually, conduct training sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how they should deal with complaints.  Be sure they understand that complaints should be dealt with in a timely manner and that any retaliation on their part will not be tolerated.

Monitor your workplace. Know your employees well and be observant.  Talk to staff about the work environment and the level of respect. Ask for input and encourage open communication.  Take a closer look at any hint of a problem.  Talk to managers and supervisors about always setting a good example.

Take all complaints seriously. If someone complains about sexual harassment, treat the person with empathy and respect. Act immediately to investigate the complaint. If the complaint turns out to be valid, your response should be swift and effective.  Sometimes a person complains to HR but asks that it not go further.  Explain to the person that you must investigate fully and that, while you cannot guarantee anonymity, you will protect their identity to the extent that you are able.

Creating a respectful work environment goes a long way toward preventing problems.  But people are complex creatures and, despite all your steps and hard work at risk reduction, you may still have to contend with an allegation of sexual harassment.  Strong policies and prevention measures, respectful and non-retaliatory treatment of the accuser, a swift and thorough investigation and an appropriate response will work in your favor.