Sexual Harassment in the Workplace Policy Sample

“Insert Your Business Name Here” is committed to a work place environment in which all staff members of either gender are able to work freely, in a congenial environment, free from any form of sexual harassment in the workplace whatsoever.  Every employee of the company has the right to work in a safe and professional atmosphere that promotes healthy discourse while actively prohibiting unlawful discriminatory practices, specifically harassment. Therefore, “Insert Your Business Name Here” expects that all relationships among persons will be free of any kind of sexual harassment in the workplace whatsoever.

For the purpose of this policy “Sexual Harassment” has been defined in the following terms by the company: 

Sexual harassment in the workplace constitutes a severe form of discrimination and is considered to be an unlawful practice under all relevant federal, state and local laws. For the purposes of this policy, sexual harassment in the workplace is defined, (as per the guidelines established by the Equal Employment Opportunity Commission Guidelines) as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example;

·         Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.

·         Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

·         Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile and or offensive working environment.

Here at “Insert Your Business Name Here” sexual harassment in the workplace of any sort may include a range of subtle as well as not-so-subtle behaviors and may not be restricted to employees of different genders, which is why this policy also covers individuals of the same gender as well. Depending on the circumstances, these behaviors may include, but not limited to:

·         Unwarranted sexual advances

·         Requests for sexual favors

·         Sexually explicit jokes and innuendo

·         Verbal abuse that is of a profoundly sexual nature ( Non sexual verbal abuse is covered under the anti-bullying policy of the company)

·         Remarks about an individual's body, sexual prowess or sexual deficiencies

·         Leering ( looking suggestively)

·         Whistling

·         Touching without consent

·         Insulting or obscene comments

·         Sexual gestures

·         Display of sexually suggestive objects or pictures (Either during or after working hours at any offices of ancillary facilities of “Insert Your Business Name Here”.

·         Any other physical, verbal or visual conduct of a definite sexual nature.

Under this policy any form of sexual harassment on the basis of any other protected characteristic is also strictly banned. Such harassment may consist of:

·         Verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her gender and/or sexual orientation, and whose purpose is the willful creation of an intimidating, hostile or offensive work environment.

·         Has the purpose or effect of unreasonably interfering with an individual's work performance.

·         Any behavior that otherwise adversely affects an individual's employment opportunities with “Insert Your Business Name Here”.

Harassing behavior also includes epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows sexually predatory intent toward an individual or group and that is placed on walls or elsewhere on the employer's premises or circulated in the workplace, on company time or using company equipment via e-mail, phone (including voice messages), text messages, tweets, blogs, social networking sites or other means.

“Insert Your Business Name Here” encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of “Insert Your Business Name Here” to promptly and thoroughly investigate such reports. “Insert Your Business Name Here” prohibits retaliation against any individual who reports discrimination or harassment or who participates in an investigation of such reports/ incidents.

All staff members of “Insert Your Business Name Here” who think they have been the victims of any and all behavior specifically banned by this policy and moreover any and all employees who believe they may have been in a position to witness such behavior should immediately discuss their concerns with their supervisor or any member of management they feel comfortable with.

Whenever possible, “Insert Your Business Name Here” actively encourages all staff members who think they are being subjected to such inappropriate behavior to quickly and politely inform the offending party that his or her behavior is definitely ‘not’ welcome and in a very firm manner ask that said behavior be discontinued with immediate effect. Sometimes this action alone will resolve the issue.

However, if that does not happen “Insert Your Business Name Here” recognizes that a staff member who continues to be victimized may well opt to pursue the matter through a formal ‘complaint processes.

“Insert Your Business Name Here” encourages the quick reporting of such complaints or concerns so that prompt action can be taken before relationships become irreparably strained. Therefore, although no pre-specified reporting period has been established by the company, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of sexual harassment.

Any reported allegations of harassment, discrimination or retaliation will be investigated by the company as soon as possible and with complete impartiality. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge of the unsavory incident.

“Insert Your Business Name Here” wishes to inform its entire staff members that the strictest confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation as well as the law and any subsequent correction that may be required by the offending party.

Any sort of retaliation against any individual who has reported sexual harassment or has participated or is participating in an ongoing investigation of a claim of harassment or discrimination, is strictly prohibited as per this policy and, just like the actual incident of sexual harassment itself, will be subject to strict disciplinary action as per the process of progressive discipline.  Any acts of any sort of retaliatory behavior or willful incitement towards such conduct, whether conducted by the party currently under investigation or any of his friends and colleagues, should be reported immediately by the victim since said incidents would be investigated and addressed vigorously and as soon as a complaint has been filed.

The company wishes to inform all its staff members that any and all types of misconduct constituting harassment, discrimination or retaliation will be dealt with appropriately by the management.

If a party to a complaint does not agree with its resolution, that party may appeal to management.

However, it is pertinent to note that all false and malicious complaints of harassment, discrimination or retaliation made, may be the subject of rigorous disciplinary action under the relevant steps of the progressive disciplinary procedure.