It could and if you are an employer you might hope it does. I’ve been asked this question by employers or heard comments when facilitating training about sexual harassment. Managers will say, “This training will just encourage complaints.” It’s not unusual for one or more participants in a training session to approach me and describe situations that could be identified as sexual harassment involving themselves or other employees.
When employers or managers in sessions ask this question I tell them that they would rather hear the complaints themselves than have potential sexual harassment go unreported. An employer is much better off listening to, investigating and responding to a complaint of sexual harassment internally than hearing about it from an external agency. If an employee’s first step in a complaint is the EEOC or a state or local human rights agency the opportunity for a prompt investigation and internal action has already been delayed and compromised.
The EEOC recommends communication and training of good policies, procedures that encourage complaints, timely investigations and responses. Both the EEOC and courts have considered these preventative steps and effective responses as defenses against claims of discrimination. Three states, California, Connecticut and Maine require employers to provide training on sexual harassment. The requirements vary and many other states specifically encourage this training.
The number of sexual harassment charges filed with the EEOC has grown each year. In 2007 the EEOC received 12,510 sexual harassment charges and resolved 11,592 of them. The charges that were settled cost employers $49.9 million dollars. This doesn’t include the cost of the claims that were litigated.
Writing a really good policy is not enough. If employees don’t know the company’s stand or managers don’t respond properly to complaints the policy will not be effective. You can’t prevent employees from going to the EEOC but you can communicate the policy and provide the training to make it more likely that complaints are picked up and handled in your workplace. Take these steps before you get that dreaded certified letter from the EEOC.
