In our Sexual Harassment Awareness training classes your employees will learn and apply the important skills of handling sexual harassment issues and complaints. This hands on class thoroughly addresses the elements of how to prevent unacceptable behavior. The class includes a detailed overview of what sexual harassment is, explains legal definitions, discusses sexual harassment prevention, and shows how to handle sexual harassment complaints and maintain a positive work environment.

For more information about individual sexual harassment training classes please complete this form.  Once the form is received one of our consultants will provide you with a confidential proposal that will include a detailed description of the training class and the costs for conducting it. 

Sexual Harassment Training:
Sexual Harassment Classes - Sexual Harassment Prevention Training FAQ

1. My coworker doesn't like working with men, and is constantly making derogatory comments about me, since I'm the only man in the department. Is that sexual harassment?

Gender-based harassment can also be against the law, even if the conduct is not sexual in nature or not motivated by sexual desire. The conduct can still be considered unlawful harassment if it singles you out because of your gender. If the conduct you describe is severe and pervasive enough to create a hostile environment for you, then it would be against the law. Similarly, harassment on the basis of race, color, religion, national origin, age, or disability can also violate the federal laws which make it illegal to discriminate on those grounds.

2. I work in a job where everyone uses foul language with each other. One of my coworkers is complaining that this is a "hostile environment." Could all of us be sued?

It is unlikely that all of you will be sued; however, you should still be concerned about the workplace environment of which you are a part. Courts have generally held that the federal anti-discrimination law, Title VII, does not permit individuals to be sued, and even when it is permitted (under the laws in some states), it is less common in practice to sue individuals than it is to sue the employer, which is generally more likely to have significant financial resources. In addition, whether this language causes a hostile environment depends on whether it can be considered severe or pervasive, so the answer would depend in part on how frequent and severe the use of graphic language is in your workplace.

However, if it has been brought to your attention that at least one coworker finds the environment offensive, then there may be others who feel the same way, but who have not yet complained. Also, even if the situation is not severe or pervasive enough to justify a sexual harassment lawsuit, this does not prevent your employer from disciplining or terminating you and the others involved if it feels the conduct was inappropriate and/or violated company policy.

Some companies, in an effort to reduce and/or prevent lawsuits, have adopted a "zero tolerance" policy where sexual harassment is concerned, which has led to employees being disciplined or terminated for conduct that was previously tolerated at work. So it is probably wise to curb the use of language in the workplace that has previously caused coworker complaints. Even if it does not get you in trouble this time, it may in the future.

3. My coworker brings a sexually graphic magazine to work every month, and all the guys gather around his desk to look at it. Although I haven't seen what's inside the magazine, it bothers me that he does this. Is there anything I can do?

While this conduct may offend you, it may not be considered against the law; courts have generally declined to establish a "code of conduct" or make all conduct of a sexual nature in the workplace illegal. The answer might be different if your coworker posted photos from the magazine in a common area where everyone could see or that could not be avoided in the course of your work day, since that would more directly affect your work environment by forcing you to view sexually graphic material against your will.

If you have told your coworker that you find it offensive, and the situation continues, you may wish to discuss it with a coworker, supervisor, or human resources manager to determine whether others are offended, or whether your company has a policy that would be violated by this behavior. Perhaps a solution can be reached that does not involve filing a formal complaint or lawsuit.

4. One of my coworkers occasionally tells a sexually explicit joke. I've asked him to stop but he just tells me to "loosen up a little." Is this sexual harassment?

The answer would likely depend on how explicit the jokes tend to be (some jokes are obviously more sexually graphic than others, which would affect a determination of the conduct's severity), or how frequent the jokes are told (which would affect pervasiveness). Simple teasing, offhand comments, or isolated incidents that are not extremely serious are not against the law, even if the comments are unwanted and/or offend someone.

If you have told your coworker that you find it offensive, and the situation continues, you may wish to discuss it with a coworker, supervisor, or human resources manager to determine whether others are also offended by the jokes, or whether your company has a policy that would be violated by this behavior. Perhaps a solution can be reached that does not involve filing a formal complaint or lawsuit.

5. My boss once pressured me to have sex with her, but I refused. Although she talks to me less than she used to, nothing else has happened. Do I have grounds for a sexual harassment case?

In a situation where a supervisor is attempting to make submission to sexual activity a condition of your employment, there must be a tangible employment action, such as a termination, denial of promotion, or other significant change in your employment status. If there has not been a tangible employment action, then her conduct must be severe or pervasive to be against the law. If the request only happened once, then it is unlikely to be considered pervasive; depending on the circumstances, it may or may not be considered severe.

You may wish to discuss what happened with a lawyer, coworker, supervisor, or human resources manager to determine whether you might have grounds for a lawsuit, or whether your company has a policy that would be violated by this behavior. Perhaps a solution can be reached that does not involve filing a formal complaint or lawsuit, such as a job transfer which would prevent you from working with this person on a daily basis.

6. My supervisor keeps brushing against me "accidentally" and giving me suggestive looks. I don't want to bring a lawsuit—I just want it to stop. What do I do?

Since one of the legal requirements for sexual harassment is that the conduct be "unwelcome," make sure your supervisor knows that you consider his or her conduct to be unwelcome. Tell the person that his or her behavior offends you. Firmly refuse all invitations for dates or other personal interaction outside of work. Don't engage in sexual banter or flirt back in response.

Direct communication, whether verbal or in writing, is better than ignoring the behavior and hoping it will go away, so if you do not feel comfortable talking to your supervisor in person, you may wish to prepare a letter to ensure that he or she knows exactly how you feel.

If that doesn't work, you may want to tell your supervisor, your human resources department or some other department or person within your organization who has the power to stop the harassment. This does not require you to file a lawsuit or hire an attorney, and may be sufficient to resolve the problem without further legal action. However, you should be aware that the time deadline to file a legal complaint starts running on the date of the harassment, not the date which your company resolves (or does not satisfactorily resolve) your complaint, so do not miss legal filing deadlines waiting on the company to resolve the situation. For more information about filing deadlines in your state, see question 35.

7. One of my coworkers is single and I think she might be interested in me. I am a manager but do not supervise her. Can I ask her out on a date, or is that against the law?

While it is not against the law to ask out or date a coworker, here are some of the considerations you should keep in mind:

1. anti-nepotism or dating policies: Your company may have a policy that prevents you, as a manager, from dating certain or all coworkers. While generally these policies are designed to prevent you from dating someone in your chain-of-command, be sure that you do not violate your company's policy, which may be stricter than the most common policies. Some companies now ask that you notify the company before dating a coworker, and some even now require that you sign a "relationship contract," indicating that the relationship is voluntary and consensual.
2. authority over employee: Even if you are not supervising the employee you hope to date, do you have any power over the conditions of her employment? Does she reasonably believe you have authority over her in some way? She might believe this if the chains of command are unclear, or because your job duties allow you to influence employment outside your chain of command. This could affect whether she feels free to accept or reject your request for a date.
3. advancement: If either of you are promoted, will that put her in your direct chain of command? If so, both of you should consider what that means. Will one of you be willing to change jobs or forgo advancement in the company? Will you be willing to risk charges of favoritism if you supervise her (if this is even allowed under company policy)?
4. breakup: If you do date successfully for a while, but later break up, what happens then? Will both of you be willing and able to interact normally in the workplace and face the pain potentially caused by seeing each other every day? Many harassment claims (whether legitimate or not) arise after a workplace relationship ends badly, either because one party persists in what is now considered unwelcome harassment after previously consensual conduct, or because one of the parties seeks revenge against the other.

These considerations can make workplace dating more difficult and more likely to raise legal issues than relationships where the parties do not work together.

18. My boss yells obscenities at everyone, male or female. Some of the obscenities are very sexually graphic. Is this sexual harassment?

The issue of the "equal opportunity harasser" has caused some difficulty for courts where the issue has been raised. Since the law requires the conduct at issue to occur "because of sex," not merely that the conduct is sexual in nature, it is more difficult to prove that the behavior occurred because of sex when employees of both sexes are the victims of harassing conduct. Some courts have specifically rejected harassment claims where the evidence shows that employees of both sexes have been treated similarly, while other courts have rejected the employer's "equal opportunity harasser" defense when there were enough differences between the way male and female employees were harassed to fulfill the "because of sex" requirement.

However, regardless of the company's potential legal liability, most employers do not want this kind of conduct occurring in the workplace, because of its effect on morale, productivity and in maintaining a professional atmosphere, so you should consider reporting the conduct according to the company's harassment policy.

19. I am gay, and one of my coworkers is constantly making graphic sexual remarks to me because of my sexual orientation. Is this sexual harassment?

It depends. Sexual orientation discrimination and sexual harassment often occur together where gay and lesbian employees have been the target of humiliating and degrading sexual comments in the workplace—comments which can focus on the victim's failure to fit traditional gender stereotypes of "masculinity" and "femininity."

However, courts have often focused on the differences between the two legal concepts to prevent gay and lesbian employees who have been harassed from having the same legal protections available to non-gay employees who have been subjected to similar comments. These courts have ruled that comments focused on the victim's sexual orientation represent discrimination on that basis, not covered under federal law, instead of sexual harassment, a form of sex discrimination that is covered under federal law. Other courts have ruled that these types of sexual comments, as they relate to gender stereotypes, are a form of illegal sex discrimination under federal law.

If you have been subjected to these types of comments, you may wish to consult with an attorney familiar with sexual harassment and/or sexual orientation discrimination law to determine what laws may offer legal protection in your state.

20. How can I complain to my company about my coworker's inappropriate conduct which I consider to be sexual harassment?

If you have made it clear to your coworker that he or she is engaging in conduct that you consider unwelcome, and the conduct does not stop, the next step is to report this conduct to your employer. Going through internal complaint procedures may be difficult or uncomfortable, and may not be enough to stop the harassment, but if you unreasonably fail to use any preventive or corrective opportunities your employer provides, the company may be able to avoid legal liability for the harassment, depending on the circumstances.

The next step is for your employer to promptly investigate your claim. You should fully cooperate with any investigation, as your failure to do so could negatively affect any legal claim you may have. It is illegal for employers to retaliate against employees for bringing or participating in complaints, but it does happen, so be sure that you also keep track of and report any incidences of retaliation.

The investigator will need to know all the details of what you consider to be harassment, including information such as the names of any potential witnesses or other victims of the same harasser, specific descriptions of the offensive conduct, a chronology of when specific events happened and any reasons, if applicable, why you delayed reporting the harassment. Discussing this information with the investigator may be very embarrassing or difficult, but it is very important that you disclose all details of the harassment to the investigator. Otherwise, your integrity may be questioned later for failing to disclose relevant information, or the company could conclude that the problem is not severe or pervasive enough to warrant any corrective action.

You should also expect your employer to take remedial action if it determines that sexual harassment or some other inappropriate behavior did occur, to deter the conduct from happening again. Disciplinary actions might include oral or written warnings, deferral of a raise or promotion, demotion or reassignment, suspension, or discharge. Your employer might also require counseling for the harasser. However, just because an employer disciplines the harasser, it does not necessarily mean that the conduct is severe enough to legally qualify as sexual harassment. Also, if this is the first time that the company was made aware of the actions of your coworker, it may not be legally liable for a sexual harassment claim if the actions the company took were successful in stopping the harassment and deterring future harassment.

Source: Workplace Fairness link