One of the biggest obstacles to solving the problem of sexual harassment is that people just don’t see it.
They don’t understand what behaviour in the workplace is harmful – and what isn’t. And this means that they normalise it.
And this is dangerous for both employees and employers.
New legal duty to protect
From 26 October, new laws came into force which aim to strengthen existing rules and give employees added protection.
Under the government’s Worker Protection Act, all employers will have a legal duty to proactively protect their staff from sexual harassment at work.
This means taking steps to prevent sexual harassment of employees among your own staff and also by third parties.
If you fail to take reasonable steps as an employer, you face action by the Equality and Human Rights Commission (EHRC).
How can I comply with the new law?
The Act is clear on the duty of employers – and places an emphasis on prevention.
This is why investing in training in this area is so important, as it demonstrates a proactive approach to fulfilling this duty and mitigating legal risks.
To comply with the new law, employers should carry out a risk assessment to help them decide what extra steps they need to take.
A risk assessment should cover a range of issues, including creating a workplace where everyone feels safe, respected and valued. It should also look at reputation management to prevent costly and damaging sexual harassment claims. These can tarnish a company’s reputation and impact its ability to attract and retain talent.
Remember, Gen Z is watching.
A risk assessment should also cover financial implications. Have you considered the legal fees, settlements and the loss of productivity associated with harassment claims?
And finally, don’t forget ethical responsibility. Leaders need to foster a culture of respect and inclusivity, demonstrating a commitment to the wellbeing of all employees. Get underneath the rhetoric, and train people in respect, compassion, empathy and communication skills.
But to really get to the heart of the issue you need to address the elephant in the room: do your people actually understand what behaviour is and isn’t harmful?
How to train staff to spot the signs
Many companies miss this important part of training around sexual harassment. Here are four elements that your training should include to help staff recognise what they might witness in the workplace.
Defining what’s acceptable
It sounds obvious, but you need to clearly define sexual harassment. This needs to move beyond obvious examples to explain subtle forms, like inappropriate jokes, unwanted comments on appearance, or intrusive questions about personal life.
Recognising ‘grey areas’
Leaders also need to help all staff to identify potentially harmful behaviours that could escalate to harassment. For example, seemingly minor incidents that create a hostile or uncomfortable environment.
Getting real
Don’t be afraid to use case studies and exercises based on real-life situations. These can be really useful for illustrating different forms of harassment – and their impact.
Challenging assumptions
Good training should be able to address common misconceptions, such as ‘it’s just banter’ or ‘they should be able to take a joke’. It’s also important to stress that intent does not excuse harmful behaviour.
Knowledge is power
All this will help you to empower bystanders. Your training should provide clear steps on how to intervene, or report safely and effectively when witnessing potential harassment, including how to document incidents.
You’ll also encourage reporting. By explaining the company’s reporting procedures, you’ll help create a safe and confidential environment where employees feel they can come forward without fear of retaliation.
Encouraging ownership
By investing in this type of training, leaders can equip their employees with the right knowledge. This creates a culture where people feel comfortable challenging and reporting sexual harassment.
Staff feel supported. They know how to respond empathetically to someone disclosing harassment, and how to offer support and resources. This helps employees who need to make changes as well as those reporting their own issues.
Leaders should aim to foster a work culture where employees empower each other rather than embarking on well-meant rescue attempts. And that results in a stronger and happier workforce.
