How to Handle Reverse Sexual Harassment

Sexual harassment litigation is a major liability issue for employers. While the majority of cases involve female employees complaining of sexually charged misconduct by male co-workers and/or supervisors, the prohibition against sexual harassment protects men and women alike. In recent years, the number of sexual harassment charges filed by men has increased. During Fiscal Year 2007, of the 12,510 charges of sexual harassment filed with the United States Equal Employment Opportunity Commission, sixteen percent were filed by men. In order to reduce the potential for sexual harassment liability, employers must be mindful of such reverse sexual harassment and take appropriate preventative and remedial steps to combat it.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• Clearly worded, gender-neutral policy against sexual harassment.
• Male and female reporting channels.

Setting Policy

1. Circulate and post a clearly worded, gender-neutral policy against sexual harassment. Ensure that the policy identifies at least one male and one female management level person to whom complaints can be brought.

2. Monitor the work environment for any verbal or written comments, physical contact, and other sexually oriented conduct directed towards male or female employees.

3. Upon receipt of a claim of sexual harassment from any male employee, carefully interview the complaining party. Request names of all offending parties, witnesses to the harassment, and descriptions of the misconduct.

4. Interview the offending party to determine her position on each allegation.

5. Interview all witnesses identified by the complainant, as well as witnesses identified by the accused.

Dealing with Complaints

6. Objectively assess all gathered information to determine the validity of the charge and the severity of any confirmed misconduct.

7. Impose a level of discipline that is proportionate to the misconduct and reasonably calculated to end the harassment.

8. Clearly document all steps of the investigative and disciplinary process.

Tips & Warnings

• Impress upon managers the importance of addressing seriously and objectively complaints by male employees. Responsive jokes and quips can significantly increase employer exposure.
• Confidentiality, while important in any sexual harassment investigation, is essential in cases of reverse sexual harassment. Otherwise, there is a great risk that the complainant will be ridiculed and mocked by male co-workers.
• If possible, reassign the offending employee so that she no longer works directly with the complainant. Doing so will help assure that the complainant experiences no further harassment from the employee.
• Ensure that any confirmed harasser is subjected to comparable discipline, regardless of gender.
• Contrary to popular belief, an employer is not required to terminate the offending employee. The requirement is for steps to be taken that are reasonably calculated to end the harassment. Disciplinary measures such as written warnings, suspension, and reassignment can be sufficient depending on the circumstances of the case.

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