Sexual Harassment In The Workplace
By Scott Simmonds, CPCU, ARM, CMC

Over the past few years business has become more attuned to sexual harassment in the workplace. It seems like not a week goes by without a news story of another company with allegations of improper behavior. The exposure of sexual harassment legal action is a place where prevention is truly the best remedy. By taking proactive measures a company can help prevent occurrences. When an occurrence does present itself a firm that has taken precautions can improve their chances of a successful defense.

Many states require that employers implement an active program of annual employee notification to all employees of the illegality of sexual harassment .

The notice below is intended for use in meeting the notification requirements of Maine law. Your state may have different specifications. Before using this document you should work with your attorney to review and update personnel policies to meet the changing legal environment.

Employee Written Notification Prohibition Against Sexual Harassment

Harassment on the basis of sex is a violation of Federal and State laws. The Maine Human Rights Act defines sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

Submission to such conduct is made either explicitly of implicitly a term or condition of an individual's employment;

Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual; or

Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. It does not refer to occasional compliments of a socially acceptable nature. It refers to behavior which is not welcomed, which is personally offensive, which damages morale, and which ultimately interferes with work effectiveness. Such conduct, whether committed by supervisors or nonsupervisory personnel, is specifically prohibited.

Examples of sexual harassment include, but are not limited to, repeated offensive sexual flirtations, advances or propositions; continued or repeated verbal abuse of a sexual nature; graphic or degrading verbal comments about an individual or his/her appearance; the display of sexually suggestive objects or pictures; or any offensive or abusive physical conduct. In addition, no one should imply or threaten that an applicant's or an employee's "cooperation" of a sexual nature (or refusal thereof) will have any effect on the individual's employment , assignment, compensation, advancement, career development, or any other condition of employment.

The detailed explanation of our internal complaint process is attached. You may file a complaint with the Maine Human Rights Commission within six months of the date of alleged discrimination. There will be no retaliatory measures taken against any employee who makes a complaint or participates in a complaint of sexual harassment.

Internal Complaint Procedures - Sexual Harassment

Any employee who believes he or she is being sexually harassed by a manager, supervisor, co-worker(s), employee, customer or other person promptly should take the following actions:

1. Politely but firmly confront the harasser and ask him or her to stop. State how you feel about the actions and explain how you feel intimidated or harassed by these actions. If practical, have a witness present. Be specific about the exact behavior you want stopped. Make a written note of what you said, what reaction was given and list the time and date of the discussion.

If you feel uncomfortable with confronting the harasser as outlined here, skip to step 2 or 3.

1. Document your complaint, if possible. Keep a diary or log detailing the incidents; what was said or done, who might have witnessed it and the date. Keep any related letters or memos.
2. Contact your manager or an officer of the company - someone with whom you feel comfortable.
3. All complaints will be handled in a timely and confidential manner. Information concerning your complaint will be on a need-to -know basis only. Management personnel needed for participation in the investigation, the alleged harasser and possible witnesses may be contacted and thereby learn of the complaint. No person will be permitted to discuss the complaint or the resulting investigation, except for discussion necessary to conduct he investigation and make a decision. The purpose of this provision is to encourage the filing of valid complaints by protecting the privacy of the complaining employee to the extent possible, as well as to protect the reputation of any employee who wrongfully might be charged with sexual harassment.
4. Investigation of complaints will be prompt. Within ten (10) working days of the complaint, the investigator will determine the validity of the complaint. If valid, he or she will determining remedies to be given and the sanctions to be imposed.
5. The complaining employee and the alleged harasser have the right to appeal the determination by writing a memo or letter delivered to a senior corporate officer within ten (10) working days of the determination.

Acknowledgment Form
Employee Written Notice

This written notice has been prepared for your information. Read it carefully. If you have any questions, please feel free to discuss them with your manager.

I, the undersigned, acknowledge that I have received and have read the Employee Written Notification and the Internal Complaint Procedure.

Signed _______________________________ Date _________________