Valentine’s Day and sexual harassment
HR Dept
“Life’s like a box of chocolates, you never know what you’re gonna get”, so said Forrest Gump. Could the same be true if chocolates are given this Valentine’s Day in your workplace? Could one person’s romantic gesture, be another’s sexual harassment?
In reality, a box of chocolates on its own is highly unlikely to be considered sexual harassment. This is defined as unwanted conduct of a sexual nature, or relating to sex, which makes the recipient experience a violation of their dignity, or creates a hostile, degrading, humiliating or intimidating environment.
Crucially it is based on the perception of the person on the receiving end as well as the intention, so there is a degree of subjectivity. With or without chocolates; jokes, crude comments, inappropriate touching and pestering behaviour are all more likely triggers of a sexual harassment claim.
While there may be plenty of good-natured or harmless fun that goes on around Valentine’s Day, it is also a time for you as an employer to be more aware of the risks of sexual harassment. So what could you do to manage the situation?
Employment Equality Acts 1998-2015
The law governing sexual harassment is the Employment Equality Acts 1998-2015, and there is an accompanying code of practice on sexual harassment and harassment which should be followed. Any failures to follow it are admissible in court as evidence, should you be taken to court.
If found guilty, the cost of an award for a sexual harassment case at a WRC tribunal will easily run into thousands of Euros.
A written harassment and sexual harassment policy
Every employer should have a written policy covering your approach to sexual harassment, including a definition, expectations, reporting channels and how it is investigated and dealt with. Having this document alongside your other policies and sharing them regularly with all staff let’s everyone know where they stand, and what is and isn’t acceptable.
Harassment and sexual harassment training
Training is an excellent and necessary way to reinforce the messaging of a policy. It raises awareness and equips attendees with valuable tools to identify, prevent and remove sexual harassment from the workplace. Ask us if you would like to find out more about our training.
A reminder the day before
As well as the two previous tips which may be seen as part of a longer term strategy, it is helpful to provide a reminder on Valentine’s Day or the day before, reminding employees of what is and isn’t acceptable. You cannot ban Valentine’s Day, of course, but if you feel it is appropriate you could ask that any cards or gifts are exchanged outside of the workplace.
Help from The HR Dept
Sexual harassment is a 365-day-a-year risk for employers. To ensure your business takes all reasonable steps to prevent it, protecting staff and yourself, please get in touch. We can help with training, policies, advice and any other related services.
