Sexual Harassment Laws: Nonprofits' Compliance And Protection

Sexual harassment is a serious issue that can have detrimental effects on individuals and organisations alike. While it is often associated with for-profit businesses, sexual harassment is prevalent in the nonprofit sector as well. Nonprofits, just like any other employer, are obligated to conduct investigations into allegations of sexual harassment and take steps to prevent it. This paragraph will discuss the applicability of sexual harassment laws to nonprofits and explore the impact of sexual harassment on this unique sector.

What constitutes sexual harassment?

Sexual harassment is an illegal form of sex discrimination, and the US Supreme Court has affirmed an employee's right to work in an environment free of abusive sexual harassment. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." This conduct can be categorised as either "quid pro quo" or "hostile environment" harassment.

Quid pro quo occurs when a superior asks an employee for sexual favors in return for a promotion, raise, work assignment, or overtime pay, or threatens to fire them if they do not submit. A single incident of sexual advances linked to the granting or denial of employment benefits is sufficient to establish harassment. If the employee rebuffs such advances, yet the work environment becomes so intolerable that a reasonable person would quit, quid pro quo harassment has still occurred.

Hostile environment harassment describes an abusive, offensive, or intimidating work atmosphere that interferes with the employee's work performance. Sexual, verbal, or physical advances that the employee did not incite and considers offensive define such an environment. To establish the behaviour as harassment, the victim must express by their conduct that it is unwelcome, even if they submit to the advances. The Supreme Court has ruled that, to claim hostile environment harassment, the victim must usually show a pattern of repeated offensive sexual conduct or remarks that are pervasive enough to create an abusive work atmosphere.

Sexual harassment may come from employers, supervisors, agents of employers, co-workers, or customers. Management may find itself liable for the actions of others if it does not take steps to create a safe work environment for employees. While having a grievance procedure or non-discrimination policy in place may not necessarily protect the employer, taking immediate and appropriate corrective action in response to a complaint may decrease liability.

Sexual harassment can also include offensive remarks about a person's gender. Both the victim and the harasser can be either a woman or a man, and they can be the same sex. The harasser can be the victim's supervisor, a manager in another area, a co-worker, or even someone who is not an employee, such as a client, board member, volunteer, donor, or vendor.

What to do if you experience sexual harassment?

If you are experiencing sexual harassment, you should know that it is not your fault, and you have the right to feel comfortable in your workplace or school. Here are some steps you can take to address the situation:

• Acknowledge what happened: Recognize that the harassment is wrong and validate your experience. Do not minimize what happened or make excuses for the harasser.
• Communicate with the harasser: Let the person know that you want them to stop.
• Report the harassment: Familiarize yourself with your organization's sexual harassment policy and report the issue to the appropriate internal contact. All allegations of sexual harassment should be investigated, and your organization should take your complaint seriously. If your organization does not have a policy in place, you can still report the harassment to the authorities at your job or school.
• Document everything: Keep a record of any incidents of harassment, conversations with the harasser, how you felt during and after the harassment, and any meetings or feedback received from your employer.
• Contact the Equal Employment Opportunity Commission (EEOC) local field office: They can inform you of your rights and how to file a complaint.
• Contact a lawyer: Discuss your legal options with a lawyer, especially if you are considering pursuing legal action.
• Join a support group: Speaking to others who have gone through similar experiences can be very helpful.
• Seek mental health support: Sexual harassment can have significant mental health impacts, and it is important to prioritize your well-being. Consider speaking to a mental health professional, but try to find one outside of your school or employer to protect your privacy.

Remember that you are not alone, and there are resources available to support you. You can call the National Sexual Assault Hotline at 800.656.HOPE (4673) or chat online at online.rainn.org for additional help and information.

What to do if you witness sexual harassment?

If you witness sexual harassment, there are several steps you can take to address the situation and support the victim. Here are some guidelines on what to do:

Direct Intervention: As a bystander, you can use words or actions to intervene and stop the harassment. This can be done by directly calling out the behaviour and letting the harasser know that their actions are inappropriate. It is important to remain calm, confident, and assertive during this intervention.

Distract and Interrupt: If directly addressing the harasser doesn't feel like the right approach, you can try to interrupt the interaction by steering the conversation to another topic, asking an unrelated question, or creating a distraction. This can help defuse the situation without directly confronting the harasser.

Delegate: If you don't feel comfortable addressing the situation directly, you can find someone else who is more equipped to handle it, such as a leader or a colleague with a better relationship with the people involved. Delegating the situation can be especially useful if it has escalated and requires an authority figure to intervene.

Delay and Check-In: You can also choose to take action after the interaction has occurred. Checking in with the victim to see how they are doing and offering your support is crucial. Let them know that they are not alone and that you are willing to help them report the incident if they decide to do so. It is important to follow up with them a few days later to offer continued support.

Document the Incident: It is essential to document what you witnessed by recording the names of those involved, the date, time, location, and a detailed description of the behaviour. Include any specific words, actions, or gestures that occurred. This documentation can be very useful for the victim if they decide to report the harassment and can also help identify patterns of harassing behaviour.

File a Complaint: Witnesses have the right to file a complaint with their employer's Human Resources department or a relevant external organisation, such as the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Include as many details as possible in your complaint, and be prepared to serve as a witness to the victim's complaint if needed.

Remember, your actions as a bystander can create real change and help foster a safe and respectful work environment. Choose the intervention style that feels right for the situation and your personal well-being, and don't be afraid to speak up and offer support.

What are the consequences of sexual harassment for the victim?

Sexual harassment can have severe and wide-ranging consequences for victims, affecting their psychological and physical health, professional lives, and educational outcomes.

Psychological and Physical Health

Victims of sexual harassment often experience anxiety, depression, stress, and a decline in their psychological well-being. This can manifest in various physical symptoms, such as headaches, sleep disorders, nausea, weight fluctuations, and cardiac and vascular issues. In severe cases, victims may develop psychiatric disorders, including major depression and post-traumatic stress disorder.

Professional Lives

Sexual harassment in the workplace often leads to decreased job satisfaction, increased absenteeism, and a decline in productivity and performance. Victims may also experience increased job stress and a sense of disillusionment and anger towards their organization. As a result, they may withdraw from their work, avoid their harasser, or even leave their job entirely.

Educational Outcomes

In an educational setting, victims of sexual harassment may experience a decrease in motivation, increased truancy, and a decline in grades and overall academic performance. They may also feel pressured to change their major, drop classes, or transfer to a different educational institution to escape the hostile environment.

Other Consequences

Sexual harassment can also lead to irreparable damage to interpersonal relationships at work and a tense and unproductive working or learning environment. Additionally, victims may face retaliation for reporting the harassment, further exacerbating the negative consequences they experience.

What are the consequences of sexual harassment for the perpetrator?

Sexual harassment is defined by the US Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It also includes offensive remarks about a person's gender, and can occur in a variety of circumstances, including in the workplace or learning environment.

Sexual harassment is illegal when it is so frequent or severe that it creates a hostile work environment or adversely affects the victim's job, such as through demotion or termination of employment.

The consequences of sexual harassment for the perpetrator:

Sexual harassment has serious consequences for the perpetrator, who can face both civil and criminal penalties. Here are some of the potential consequences for perpetrators of sexual harassment:

• Disciplinary action: Depending on the severity and frequency of the harassment, the perpetrator may face disciplinary action from their employer or educational institution. This can include a range of actions such as a verbal or written reprimand, suspension, demotion, or termination of employment or expulsion from an educational program.
• Legal consequences: Sexual harassment is a violation of civil rights laws, and perpetrators can be held legally liable for their actions. Victims can file lawsuits against perpetrators, seeking compensation for the harm caused.
• Criminal charges: In some cases, sexual harassment can cross the line into criminal behavior, such as sexual assault or stalking. If this is the case, perpetrators can face criminal charges, including potential jail time and/or fines.
• Damage to reputation: Sexual harassment scandals can damage the reputation of the perpetrator, leading to negative consequences in their personal and professional lives. This can include loss of career opportunities, social ostracism, and damage to interpersonal relationships.
• Educational consequences: In an educational setting, students found to have engaged in sexual harassment may face disciplinary action from their school, college, or university. This can include suspension, expulsion, or other corrective actions as deemed appropriate by the institution.
• Therapeutic intervention: In some cases, the perpetrator may be required to undergo counseling or therapeutic intervention to address their behavior and understand the impact of their actions on others.
• Financial consequences: In addition to potential legal fees and compensation payouts, perpetrators may also face financial consequences in the form of lost income or career opportunities. This can include loss of employment, difficulty finding future employment, or loss of business opportunities.

It is important to note that the specific consequences for sexual harassment can vary depending on the jurisdiction and the severity of the harassment. However, it is clear that sexual harassment can have significant and far-reaching consequences for perpetrators, both professionally and personally.

Frequently asked questions