How to Write a Sexual Harassment Policy

There has never been a more important time to examine your sexual harassment policy. Use the template and follow the steps in this guide to write a better policy.

Since 1998, sexual harassment policies have focused on legal protection and risk management . The purpose has been to avoid liability in a lawsuit. Now, following the #MeToo movement, sexual harassment policies must be updated with a focus on respect, transparency and decency in the workplace.

This step-by-step guide takes you through the seven key sections of an effective sexual harassment policy. Plus, we share tips for distributing and enforcing the policy the right way.

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A tip for smaller companies looking to address sexual harassment:

Nearly half of employees work in small companies with fewer than 50 people. Working with fewer people does not mean a lower chance of sexual harassment. Smaller companies are actually more susceptible to sexual harassment for a number of reasons.

First, employees inevitably engage with each other more frequently. A close proximity makes harassing behaviors feel “ disproportionately large ”.

Second, smaller companies have smaller budgets to address sexual harassment. Smaller companies also have fewer resources, meaning there is probably no HR team or simple way to file a complaint.

Every company, no matter the size, needs a dedicated sexual harassment complaint form. Download this one for free .

Leaders of small companies may not be able to offer all of the perks and systems below, which is why it’s important to instead be conscious of work culture. Keep it healthy by handling complaints properly, establishing clear policies and enforcing them.

7 Key Sections of an Effective Sexual Harassment Policy

1. Purpose

Outline the purpose of the sexual harassment policy.

Elaborate on the company’s goals and commitments to a safe workplace and the approaches (such as zero-tolerance) you will take to fulfill these goals. Explain why this document has been created and what you hope to achieve with it.

For example, your purpose may read like this:

We are fully committed to fostering a safe and healthy work environment for all. Our goal is to protect our employees from unwanted and inappropriate sexual behavior.

We will take a zero-tolerance approach to sexual harassment and assault. These types of behaviors are prohibited inside and outside of the office, as per Title VII of the Civil Rights Act of 1964.

This policy will include a sexual harassment definition, examples of sexual harassment, details about complaint mechanisms, an overview of the investigation and disciplinary processes and employee rights.

2. Scope

Outline the scope of the sexual harassment policy.

If investors or contractors for the company are expected to comply with the policy, note that. Explain who may be victims and who may be harassers.

What if the incident occurs outside of the work building? Or outside of work hours? Answer questions like these in this section so that victims know they can seek help if the incident happens after work or outside of the office.

For example, your scope may read like this:

The provisions in this policy apply to employees, managers, customers, investors, contractors and any other third parties involved with the company, regardless of their gender, sexual orientation, role, status or other protected characteristic.

This policy on inappropriate behavior is not limited to what occurs inside the office. Sexual harassment will not be tolerated at work, at off-site gatherings or anywhere else.

We are committed to carrying out all provisions in this policy and monitoring its effectiveness. We will work with related parties to improve the policy and our processes on a consistent basis.

3. Definition & Examples

Many people have incorrect assumptions about sexual harassment since it’s not discussed as often or as openly as it should be. For this reason, your policy depends on a clear, strong definition of sexual harassment.

One way to effectively define sexual harassment is by including both its formal definition and examples of bad behavior.

Mention that sexual harassment is subjective in the sense that an action may be considered inappropriate depending on how it is perceived by the recipient. When it comes to sexual harassment, how the victim feels and how the harasser’s actions affect the victim have priority.

For example, your definition section may read like this:

Sexual harassment, according to the EEOC, consists of: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature… when a) an employment decision affecting that individual is made because the individual submitted to or rejected the unwelcome conduct; or b) the unwelcome conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or abusive work environment.

Sexual harassment can happen once or many times and may include physical, verbal or non-verbal actions. This form of harassment may make the victim feel offended, humiliated or offended.

Most* sexual harassment is subjective and circumstantial which is why there is no definitive, exhaustive list of inappropriate behaviors.

Instead, here are some examples of conduct that may constitute sexual harassment: