REALTOR® Magazine Online: Avoiding Sexual Harassment

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Avoiding Sexual Harassment

Sexual harassment is unwelcome verbal or physical conduct of a sexual nature. It is a form of discrimination that is prohibited under Title VII of the Civil Rights Act of 1964. Sexual harassment can take two forms:

Quid pro quo harassment occurs when a person in a position to affect another worker’s job conditions makes an unwelcome sexual advance or demands sexual favors. Only supervisors or managers can engage in quid pro quo harassment. Example: "If you go out with me, I'll make sure you're promoted."

Hostile environment harassment occurs when continuous unwelcome sexual conduct interferes with a worker's job performance or creates an intimidating or abusive environment. Example: Repeatedly making suggestive comments or telling sexual jokes in an open area where other workers can hear.

Tips for Avoiding Sexual Harassment Lawsuits

Although the sexual harassment laws don't apply to workers who meet the common law tests for independent contractors, brokers should be cautious about relying on a salesperson's independent contractor status to shield themselves from harassment claims. Preventive measures must be in place. To help reduce the risk of a sexual-harassment lawsuit:

Adopt a clear, written policy prohibiting all forms of sexual harassment.

Make sure the policy is clearly communicated.

Have a mechanism for receiving complaints.

Follow up promptly on any complaints.

Impose appropriate penalties if you find harassment occurred.

Offer training.

Follow up to assure that the offensive behavior is not repeated.

TIP: An important preventive measure is education, says Doug Hinderer, vice president of human resources for the NATIONAL ASSOCIATION OF REALTORS^®, but the most critical element of any sexual harassment defense is a company policy on harassment that has been disseminated to employees.

A 5-Step Approach for Handling Complaints >

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