Chapter 18
Sexual Harassment
Abstract
This chapter provides insight into the definition of sexual harassment and the proper steps to take to handle an incident of sexual harassment. Further information is given regarding the need for security officers to report only the facts, not assumptions. Also, a security officer should work in collaboration with their employer to fully handle the situation.
Keywords
Sexual attraction; Sexual Harassment Awareness Training; Unwelcomed sexual advance; Victim’s responsibilityPeople who have been victimized by unwanted or inappropriate sexual advances in the workplace may bring complaints against offenders to their employers, and in extreme cases, against the employees themselves. These actions have resulted in much publicity and a heightened awareness by many people against such inappropriate behavior. As a result, more people have come to realize that they have recourse against such behavior, and more employers have recognized their responsibility to establish policies against sexual harassment. Although there has been much discussion over the issue of sexual harassment, there should no longer be any confusion over what constitutes sexual harassment.
Sexual harassment occurs whenever any unwanted sexually oriented behavior changes an employee’s working conditions and creates a hostile or abusive work environment. This is according to the U.S. Supreme Court (Meritor Savings Bank V. Vinson, 477 U.S. 57) in a 1986 decision.
Subsequent court decisions have refined the definition. The obvious example of sexual harassment is the request for sexual favors in exchange for a promotion or other form of preferred treatment. Some not so obvious forms of sexual harassment include sexually explicit photos, sexually explicit conversation, or actions that are offensive or create discomfort for another employee. Even less obvious are the incidents where the male is the victim or where the behavior by one person is deemed “not offensive” to one person but offensive to another.
In 1991, the courts began to recognize and acknowledge that women often react differently to certain types of behavior than men. The conclusion was reached that what may not be offensive to one may well be offensive to the other. Three cases in particular that introduced the “reasonable woman” concept are Ellison v. Brady, 924 F. 2d 871 (9th circuit 1991); Robinson v. Jacksonville Shipyards, 760 F. Supp. 1486 (1991); and Radtkev v. Everett, 471 N.W. 2d. 1589 (1991).
According to the Equal Employment Opportunity Commission sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly as term or condition of an individual’s employment. Submission to or rejection of such conduct has the purpose of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
What you should know
How does the security officer investigate a report of sexual harassment? What is your responsibility as a security officer when such an event is brought to your attention?
It is important to remember that sexual harassment is against the law. If you are employed either as proprietary security officer or through a contract agency, you have a responsibility to make any such incident known to your employer. As a security officer, such activities may come to your attention. That information should be conveyed to the company management as soon as possible so that the company has the opportunity to respond to the incident appropriately. Typically, an incident report is made detailing the circumstances of the event. It would be wise, however, to discuss this with your employer in advance. The company may have a program in place that requires some other reporting mechanism or specific input on what actions the security officer should take or what guidelines should be followed. If the security officer is to make an incident report, then it is the security supervisor’s responsibility to verify the facts as they were reported by the victim, asking the victim to explain things that were not clear so that the report is an accurate depiction of what happened.
Investigations
Depending upon the level of responsibility, the security officer may be required to investigate the incident. It is important to understand that this investigation should be done with the full knowledge and direction of the employer. It is never appropriate for the security officer to take it upon himself or herself to investigate such an incident unless directed to do so. To undertake such an investigation could hinder whatever steps or procedures the employer may be undertaking. The employer may already have a plan in place that requires someone other than the security officer to investigate such allegations. For the security officer to go ahead and investigate such a complaint on his or her own could jeopardize the other investigation, thus having a negative impact on the outcome. If this happens, then the victim-employee may lose confidence in the efforts of the employer, the suspect-employee may not be treated fairly, and the employer is at a further disadvantage in attempting to resolve the issue.
If the security officer is directed to conduct an investigation, it must be understood that the sole purpose is to accurately gather as much information as possible about the event. This will aid the employer in making an informed decision about what further steps should be taken. Even though sexual harassment is a crime, the investigation at this point is not a criminal investigation; the security officer should never express opinions but rather view their role as that of fact finding.
Because of the sensitive nature of sexual harassment complaints, it is important to remember some guidelines that will help the security officer’s quest for information:
The primary purpose of the investigations is to gather and preserve information and evidence, not to pass judgment.
The information gathered should relate directly to the incident being investigated or similar incidents involving the same parties.
The security officer must be discreet both in gathering information and maintaining its confidentiality.
When interviewing persons who are alleged to have engaged in such behavior, ask questions and seek clarification. Do not pass judgment. If there is something in a statement that does not seem clear to you, then ask the interviewee to repeat it so that it is clear.
Things to keep in mind
Sexual harassment is not necessarily malicious behavior. It may be the result of carelessness, thoughtlessness, or ignorance. This does not make it any less offensive, but it does emphasized the importance of the security officer being nonjudgmental.
Not all allegations of sexual harassment are true. As with any incident, the security officer should never assume anything but gather information through careful interviewing, asking pertinent questions and seeking clarification to unclear statements.
There is a difference between sexual attraction and sexual harassment. Sexual attraction is not a problem, so long as the employee exercises good judgment. Sexual attraction can become a problem in the workplace when an employee oversteps the limits of what is reasonable in the expression of that attraction. For example, if an employee expresses a personal interest in a fellow employee, the other employee does not object to the behavior, and the behavior has not impact on either party’s work performance or the environment in which they work, then it is not a problem. On the other hand, if the person who is the object of the attraction does object and the behavior does not stop as soon as the objection is known to the offending party, then the actions may constitute sexual harassment.
Management responsibility
It is an employer’s responsibility to investigate any report or allegation of sexual harassment. The investigation may be brought as a result of information provided by the security officer, or the security officer may be asked to investigate as a result of information gathered by others. Once the investigation is completed, the employer is required to take an appropriate action as a result. Such action may be one of the following:
• Establishing a policy explaining expected and appropriate behavior if none previously existed
• Reinforcing the policy if it does exist
• Ensuring that the offensive behavior ceases
• Disciplining of the guilty party if appropriate
• Counseling of the guilty party and or the victim
Victim’s responsibility
As a security officer and fellow employee, you may be asked for advice on how to respond to such advances or behavior. Here are some guidelines that you may wish to pass along to those who feel they have been exposed to sexual harassment:
1. Say no. Say it firmly and without apology so there is no doubt about your feeling toward such behavior. Let the harasser know that such behavior will not be tolerated.
2. Keep a log of all incidents. Write down exactly what occurred, when, where, and by whom. Note any witnesses and note direct quotes.
3. Save any physical evidence such as letters, notes, or photos. Save them off site in a secure place, such as your home.
4. Ask others if they are aware of similar incidents.
5. Inform your superior of the incident or incidents and make your feelings about them known.
6. Explore options for an informal resolution and report these actions to your superior.
7. If informational resolutions are not satisfactory, pursue formal complaint procedures within the company.
Employee’s responsibility
It is every employee’s responsibility to comply with the employer’s sexual harassment policy. Treat others with respect. Be mindful that discussion, behavior, or displays of a sexual nature may be offensive to others.
Security officer’s responsibility
On a personal level, the security officer has the same responsibility as every other employee—not to engage in discussion, behavior, or displays that could be perceived as offensive to others.
As the person who is looked upon as being responsible for protecting the company, the security officer may be held to an even higher standard. By the nature of the position, a security officer is expected to maintain a unique standard of professionalism to which other employees are not necessarily held. The security officer’s high visibility makes his or her actions much more obvious. Consequently, negative behavior is magnified. If a security officer is the one who is to report or investigate sexual harassment allegations, then he or she must, in fact, be held to a higher standard and be above reproach.
Conclusion
Complaints of sexual harassment will likely continue to increase. People are becoming more aware that they have recourse when they are victimized by such behavior, and employers are becoming more sensitive to their responsibilities. You as a security officer are acting at the direction of the company management. It would serve you well to learn exactly what the company expects from you in the matter of sexual harassment. If you don’t know, ask!
Establishing a sexual harassment awareness training program
1. Discuss with employees what constitutes sexual harassment and what behaviors could be considered to be sexual harassment.
2. Makes sure employees know that it is the law that the workplace be free of sexual harassment and that it will not be tolerated. Discipline, including discharge, will result.
3. Encourage employees to feel safe and comfortable in reporting such incidents.
4. Instruct employees on proper channels to report incidents of sexual harassment.
5. Lastly, spell out in writing specifically what the company policy and the law is regarding sexual harassment.
Summary
• Sexual harassment is a serious offense that occurs whenever any unwanted sexually oriented behavior creates a hostile or abusive work environment for an employee.
• According to the Equal Employment Opportunity Commission, sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct that is considered offensive.
• As a security officer, you have the responsibility to immediately report to your employer or superior any activities that may be considered sexually harassing in nature.
• On occasion, a security officer may be required to investigate an incident of sexual harassment. A security officer should never begin an investigation unless directed to do so by his or her employer. In any investigation, the goal is to gather the facts. The security officer should never express an opinion unless one is asked.
• Not all allegations of sexual harassment are true. The security officer should never assume anything, but rather gather information through careful and thoughtful investigation.
• It is an employer’s responsibility to investigate any report or allegation of sexual harassment. Once an investigation is completed, the employer is required to take appropriate action to correct the problem.
• It is every employee’s responsibility to comply with the employer’s sexual harassment policy. Security officers must be careful to ensure their conduct is never considered to be offensive or harassing in nature.
Questions
1. What is sexual harassment?
2. How should a security officer treat such incidents?
3. Who is the victim in cases of sexual harassment?
4. Does sexually offensive behavior need to be intentional?
5. What are the employer’s responsibilities in reported cases of sexual harassment?
6. What is the difference between sexual harassment and sexual attraction?
7. Why should a security officer seek direction from his employer before initiating an investigation into a sexual harassment complaint?
8. As a security officer, what the advice would you give to an employee who came to you with a complaint that another employee was harassing them?
9. Should a security officer investigate incidents of sexual harassment?
Practical application
1. You are invited to an “after-work” event with co-workers from other departments and you hear one of the male co-workers make disparaging and inappropriate and lewd comments about a female security officer with whom you work. What do you do when you return to work?
2. A male co-worker asks you if you can read emails on duty that are primarily humorous in content. You say yes, but then are shocked to receive a series of emails from this co-worker that contain inappropriate and very suggestive jokes regarding women. What do you do?
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