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Sexual Harassment Definitions in Rhode Island

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We have a question about sexual harassment in our Rhode Island company: What is the difference between harassment that is quid pro quo and harassment that constitutes a hostile work environment?

Very good question. Quid pro quo sexual harassment means that an employee that has authority, such as a manager or supervisor, offers one of his subordinates extra  benefits in exchange for sexual favors. Alternatively, a supervisor could deny an employee benefits if he or she does not perform sexual favors. Either way, the supervisor is acting illegally and should be disciplined.

A hostile work environment with regards to sexual harassment is an environment in which an employee receives sexual advances, is subjected to physical sexual contact or verbal sexually-charged statements, or is placed in an environment in which the employee feels is sexually offensive.

Both of these instances are instances of illegal activity within the workplace and are prohibited by Title VII. Title VII is a national document, which applies to employers and employees in all states. This document is in place to help ensure that workers across the country are able to do their work in a safe and respectful work environment. The Equal Employment Opportunity Commission (EEOC) is one of the organizations that helps to defend Title VII and prosecute violators of Title VII.

In the event that you have sexual harassment or a sexual harassment claim in your company, as an HR representative, it is up to you to investigate the claim and discipline those parties that you have found guilty. Failure to investigate claims could not only lead to legal troubles for your company, but it could also lead to a weakened morale and a hostile work environment that decreases productivity.

When performing your investigation, in order for it to be legal in the eyes of the court, it is important to document every step. Make sure you interview all parties involved, including witnesses. Your employee that is filing the complaint should also be assured that she is not going to be punished or treated differently for filing the report. After you have completed your report, you should either discipline the offender, or communicate the situation with all employees. Follow up by passing out a company memo with your sexual harassment policy or have a training day for all employees.