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Mitchell Rait Advises on Avoiding Sexual Harassment

When rude behavior puts businesses at risk
Sunday, October 26, 2003
by Corby O'Connor

Breaches of etiquette vary in the degree of impact.

A phone call, for example, should be returned within 24 hours. But busy work schedules often prevent people from getting back to the caller when they should. Rude? Maybe. But not a federal case.

At the other end of the spectrum are violations that ruin business relationships, careers and create hostile work environments. Some are so severe they constitute harassment and are illegal.

Mitchell Rait, a workplace and employment law attorney with Budd Larner in Short Hills, says he advises his clients on when rude behavior can result in a lawsuit. He defines harassment as "repeated gestures, jokes or other offensive behavior directed at an individual or individuals, which make her uncomfortable. (According to the Equal Employment Opportunity Commission, 75.1 percent of complaints in 2002 were by women.) This definition also applies to verbal, posters and e-mail jokes."

Rait says this problem has to be addressed. "The perspective of the victim is that the conditions of her employment have been altered. The sexual commentary and lewd humor in such cases may or may not be directed at the particular employee, but she may nevertheless find the sexually charged atmosphere to be intimidating and offensive and that it puts her at a distinct disadvantage with respect to her male co-workers," he says. "She has the legal right to complain."

From management's prospective, he says, "the victimized employee must be protected and so must the company. Unchecked behavior like this can lead to costly lawsuits." Rait says every employer should have a policy addressing harassment in the workplace. The policy should contain four sections.

1. Define workplace harassment: What is prohibited i.e.; vulgar language; touching and what is considered sexual harassment.

2. State the company takes the topic seriously: It has a responsibility to keep its employees free from harassment.

3. Outline the complaint procedure: Lists who the employee can go to with a complaint. It must include a few options. If the offender is the boss, then the employees should have others to whom they can turn.

4. Protects the victim: A promise that an employee will not be retaliated against for a complaint.

The position of most perpetrators is generally the same. His defense is that he was only kidding. "Most of the time the person says he was just being funny. He is usually from the old school and doesn't get it yet," Rait says.

When the inappropriate remark is said, Rait says it should be nipped in the bud. "Depending on the severity of the violation, it may just call for a quick response from the victim asking him to stop the behavior."

This can be just as effective and less traumatic for everyone than making a formal complaint. "The offender usually comes into compliance," Rait says. "Most often he just has to be told once."

To the offenders, Rait gives simple, direct advice. "There is no need to talk about sex in the workplace unless you work in a sex shop. Before you say, do, send or display anything, ask yourself if you would feel comfortable doing the same in front of your mother, wife, sister and daughter."

Corby O'Connor writes about business etiquette. She can be reached by e-mail at etiquette@corbyoconnor.com or 163 Fells Road, Suite B, Essex Fells, N.J. 07021. You can visit her Web site at www.corbyoconnor.com.