Sexual harassment remains an issue of concern for employers.

While sexual harassment has been at the forefront of employee relations in the United States for years and just as it would appear that the days of pervasive quid quo pro harassment (where sex is demanded from a subordinate in exchange for a promotion, keeping the job, better pay, etc.) are dwindling, new forms of harassment are becoming prevalent in the workplace.

Now that it is rare to hear complaints that a manager said something like, “Sleep with me or I’ll have you fired!” technology has made harassment much more subtle and harder to uncover. Technology has shifted the concern of preventing the creation of illegal hostile environments.

Now, we see managers making inappropriate comments in social situations such at happy hours, or on business trips, flirting at a company party or company sponsored event. It includes sending text messages to an employee’s Smartphone and personal email account. Email, IM and texting remove the ability of co-workers from reading the body language and the tone of the sender.

A young professional female tells a story about how one of her supervisors who was married with children almost her age, overheard her comment to a female co-worker that she was going to buy a new dress after work. The supervisor sent a message to the professional’s email account late at night stating that he could not wait see her in the dress as he was sure that she would look amazing.

What can you do to protect your business from a hostile environment claim?
Do your employees have a complete understanding of what behavior is unacceptable?
Do your employees know how to report such behavior?
Do your employees know that you will respond quickly and effectively to address all complaints?
Do you fully investigate each and every complaint that is reported?
Do you take prompt appropriate and effective action at the conclusion of the investigation?

Preventing harassment and hostile work environment is difficult BUT, creating defenses against expensive and time consuming litigation over harassment is possible and highly suggested. If you are not sure where to begin, or need assistance, hire assistance from knowledgeable and experienced HR/legal professionals.