{"id":4747,"date":"2016-04-04T11:47:41","date_gmt":"2016-04-04T16:47:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/preventing-sexual-harassment.html"},"modified":"2024-06-06T06:23:50","modified_gmt":"2024-06-06T11:23:50","slug":"preventing-sexual-harassment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/preventing-sexual-harassment.html","title":{"rendered":"Preventing Sexual Harassment at Your Business"},"content":{"rendered":"\n
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Preventing Sexual Harassment at Your Business<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Sexual harassment in the workplace is no different than any other workplace harassment. The EEOC defines harassing behavior as "unwelcome sexual advances [or] requests for sexual favors," which have the effect of creating a hostile work environment.<\/p>\r\n

The\u00a0Equal Employment Opportunity Commission<\/a>\u00a0(EEOC) enforces federal and state laws aimed at preventing sexual harassment. Employers are responsible for\u00a0preventing sexual harassment<\/a>\u00a0by developing employment practices and policies that deter harassers.<\/p>\r\n

That may be easy to say, but what if your business is too small to have a human resources department? Are you required to follow anti-discrimination laws if your business is smaller than the federal requirements? Wouldn’t you know if a worker was being harassed in a small office?<\/p>\r\n

This article gives some tips for small businesses on complying with sexual harassment laws and training requirements. State and federal laws have similar requirements, so check your local rules before proceeding.<\/p>\r\n

Sexual Harassment and Small Businesses<\/h2>\r\n

The U.S. Department of Labor defines a\u00a0small business\u00a0as one with fewer than 500 workers. However, companies with fewer than\u00a020 workers make up 89%<\/a>\u00a0of small businesses. That means that many federal laws intended to prevent sexual harassment and other forms of discrimination don’t affect most businesses in America.<\/p>\r\n

You might think that you would know if anyone was uncomfortable in a small office or company with a dozen people. But one discovery of the\u00a0#MeToo movement<\/a>\u00a0was that many workers were afraid to speak up. This was true in big companies with robust HR departments and small offices where everyone knew one another.<\/p>\r\n

Sexual harassment creates an offensive or hostile work environment. By its nature, this prevents victims from speaking out. Job performance suffers, team cohesiveness breaks down, and the entire company culture suffers. Eventually, the victim or victims quit or are fired for poor performance. Small businesses suffer from constant turnover and retraining of new workers, aside from potential lawsuits and legal action.<\/p>\r\n

Dispelling Sexual Harassment Myths<\/h2>\r\n

Sexual harassment at work<\/a>\u00a0has many forms. Abandoning some long-held stereotypes and myths about sexual harassment is the first step in fighting it.<\/p>\r\n