Human Resources: Sexual Harassment
From Nonprofit Risk Management Center[1]:
The most common type of sexual harassment involves the concept of a "hostile work environment." This concept extends beyond an abuse of official authority. The harasser may draw his or her power to intimidate from the size and characteristics of the staff. The facts and circumstances of the specific incident determine whether the individual was subjected to a "hostile" environment.
A nonprofit can be held liable for a hostile work environment if it knew, or reasonably should have known, of the conditions or activities and failed to take corrective action. For instance, a young clerk complains that she is uncomfortable with her supervisor's off-color jokes. The executive director ignores the complaint because "that's just the way Joe is." Another clerk sues the next year, alleging that Joe repeatedly showed her pornographic pictures and followed her home.
Policies and procedures can shield your organization from liability. They can establish a forum for open communication at an early stage so that a misunderstanding or insensitivity can be corrected before it explodes into a legal complaint. Not only may policies avoid costly litigation, they may prevent escalation to more serious assaults. In one case, after a supervisor disregarded a serious sexual harassment complaint, the alleged harasser attacked a coworker after an office party and was later convicted of attempted rape.
The policies, however, must be effective. If a victim does not complain, or delays in complaining, the court may scrutinize the victim's reasons in order to determine whether the organization permitted or condoned the behavior. The suggestions offered here can help you develop appropriate policies and procedures. The box below lists critical items for inclusion in the rules you develop. Details are up to you.
Resources
SHRM.org: Sexual Harassment Policy and Complaint/Investigation Procedure
Nonprofit Risk Management Center: Sexual Harassment
Philanthropy.com: Tips for Crafting a Sexual-Harassment Policy to Protect Nonprofit Workers
National Council of Nonprofits: Sample Sexual Harassment Policy
National Council of Nonprofits: Sexual Harassment in the Nonprofit Workplace
Nonprofit HR: Preventing Workplace Harassment & Protecting Victims at Your Nonprofit
Neo Law Group: Protecting Your Nonprofit from Sexual Harassment