The Scary Truth About Third Party Harassment

A Scary Sexual Harassment Scenario

An executive at the vice president level was once accused of sexually harassing a younger employee. The young sales associate had secured a demo with a large company, and the VP suggested the sales associate was only able to do so because of their looks.

Another employee overheard the exchange and filed a complaint. During interviews with the HR manager, the VP suggested that young employees were just “too sensitive.” The VP’s behavior resulted in corrective action. Eventually, he was accused of sexual harassment a second time and subsequently fired from the company.

Dealing With Sexual Harassment Situations Among Employees

Between 2018 and 2021, the Equal Employment Opportunity Commission (EEOC) received 27,291 sexual harassment complaints. Clearly, sexual harassment has been a prevalent problem in the workplace. HR managers should consider these four actions to prevent and navigate sexual harassment at work.

Increased Training

Similar to dealing with mental health concerns, employees need to receive sexual harassment training. The training should be more regular than the typical once-a-year training video and go in-depth on how to recognize and avoid sexual harassment in the workplace. Such training can be especially important for managers and senior leadership, as power dynamics play a key role in sexual harassment cases.

Additionally, sensitivity training should be required for employees in leadership positions. Such training can help them learn to recognize any biases leading to the belief that harassment might be acceptable and create a safer and more inclusive workplace.

Reporting Policies

While EEOC guidance recommends that employers have written sexual harassment policies in place, some states mandate these documents. Having a written policy ensures everyone understands prohibited behaviors and that victims know the process for reporting incidents. 

Ensure your policy addresses how to report indirect harassment, which happens when a co-worker becomes offended by a sexual harassment incident they witnessed. Policies should also cover third-party harassment, which occurs when a non-employee (such as a vendor) engages in harassment.

Culture Assessment

Consider using employee surveys to audit the current workplace culture. The feedback can help you build a culture of open dialogue in which employees feel supported at all times. Some employees may be afraid they’ll lose their jobs if they report sexual harassment (especially from someone in leadership), and a supportive culture can make employees feel more comfortable coming forward.

Understanding Lawsuits

Generally, employees belonging to a protected class who have been subjected to unwelcome and severe or pervasive sexual conduct can legally sue both their employer and individual employees who caused them harm. However, employees are generally required to file an EEOC complaint first and then wait for a “right to sue” letter from the agency. Make sure to familiarize yourself with these laws when writing sexual harassment policies.

Preventive Action Can Help Mitigate Unexpected Consequences

Dealing with overwhelming HR situations won’t ever be easy. However, it is possible to navigate them smoothly with proper training, solid policies, and a supportive culture. With the right preventive and corrective actions, your HR team can be ready for whatever workplace surprises await.

Looking to streamline your HR processes and stay ahead of compliance challenges? Discover how VirgilHR’s solutions can simplify employee support and ensure your organization is always prepared. Schedule a demo today to see how we can help you tackle even the toughest HR obstacles with ease.