The High Cost of Harassment – Part 2
Brian Kilcoyne
This article was written by , and originally appeared in NECMA Now Emagazine.
My last article explained the high threat level of sexual harassment taking place at a club. This article will detail what a clubs policy, purpose, definition of harassment, timing for response by the club, possible punishments, and additional reporting agencies the harassed can report to when not resolved internally.
It should be the club’s policy to prohibit harassment of any employee by any supervisor, employee, guest, or vendor on the basis of sex or gender. The purpose of this policy is not to regulate personal morality within the club, but to ensure that all employees are free from sexual harassment. “Sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:
(a) Submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment, or as a basis for employment decisions; or
(b) Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.
While it is not easy to define precisely what types of conduct could constitute sexual harassment, some examples of prohibited behavior include unwelcome sexual advances, requests for sexual favors, obscene gestures, displaying sexually graphic magazines, calendars or posters, sending sexually explicit e-mails, text messages and other verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual nature or sexually related comments. Improper conduct also can include sexual joking, vulgar or offensive conversation, jokes, commenting about an employee’s physical appearance, conversation about your own or someone else’s sex life, or teasing or other conduct directed toward a person because of his or her gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment.
Every report of perceived harassment should be fully investigated and corrective action should be taken where appropriate within 5 to 7 business days. Violation of this policy should result in disciplinary action, up to and including discharge. All complaints should be kept confidential to the extent possible, but confidentiality cannot be guaranteed. In addition, the club needs to make sure to not allow any form of retaliation against individuals who report unwelcome conduct to management or who cooperate in the investigations of such reports in accordance with this policy. Employees who make complaints in bad faith may be subject to disciplinary action, up to and including discharge. All employees must cooperate with all investigations.
While employees are encouraged to report claims internally, if an employee believes that they have been subjected to sexual harassment, they may file a formal complaint with The United States Equal Opportunity Commission, or The Massachusetts Commission Against discrimination.
Many clubs seek assistance from an employment practice attorney or an outside human resource company to manage their employee handbook and day to day employee situations. If the club is taking on the responsibility then the need to have all employees sign the proper documentation of receipt, reading, and understanding of the sexual harassment policy.
Part of a club manager’s job is to protect the club from possible law suits and manage the employees. As a recap, make sure the club train’s the employees, have them sign that they have read and understand the policy, have procedures in place when receiving a complaint, investigate thoroughly, take corrective actions, discipline or terminate if need be, and most important document everything.
