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How to Strengthen Your Sexual Harassment Policy

Harassment

29 Oct 2024 (Last updated 14 Jan 2025)

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Momemtum is growing for a national inquiry into sexual harassmentin New Zealand workplaces following reports that complaints have doubled in the public sector alone.

The results have prompted Equal Employment Opportunities Commissioner Jackie Blue to call for a national inquiry into harassment in the workplace.

In calling for the inquiry, she urged businesses to be proactive in dealing with sexual harassment.

“Don’t wait for a crisis, act now – and that’s speaking from experience.”

It’s time for business owners to take strong action against sexual harassment in the workplace. Here’s what you can do:

Zero Tolerance

If you haven’t already, formalise a zero tolerance stance on sexual harassment in your relevant policies and procedures. With your position clearly defined, articulate it to employees through every communication method available to your business. Every staff member — both incoming and existing — should be aware of your company’s policy on sexual harassment, and how sexual harassment is defined in your workplace.

Train Your Staff

While your sexual harassment policy can outline the standards of acceptable behaviour and conduct, training will help your employees retain the information. Employees come from a vast range of backgrounds, beliefs, cultures and ages. Training sets out in very clear terms the type of behaviour that is unacceptable in the workplace.

Set up a safe and confidential way for employees to make complaints

Making a claim of sexual harassment can be daunting. For employees who have experienced sexual harassment, making a claim can be a confronting and deeply personal. Often, many victims stay silent out of fear that it will harm their careers or label them as troublemakers. It’s important that staff are aware of the process to make such complaints, and that their information and details will be treated seriously and confidentially.

Investigate all claims

It is up to victim whether they consider a particular incident as a form of sexual harassment. Even if the incident took place out-of-hours, outside your workplace – or even if you don’t find the accusation personally offensive – all claims must be properly investigated.

Sexual harassment is set to take greater prominence in the world of employment relations and it’s important that you have the relevant policies and procedures in place to protect your staff and your business.

Need a hand developing a sexual harassment policy for your business? Speak with one of our Employment Relations Specialists.

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Harassment

Sexual Harassment in the Hospitality Industry

As customer service in the hospitality industry often involves close, friendly and informal, interactions between staff and patrons, sexual harassment can be a significant issue. It’s also a matter that must be taken seriously and delt with quickly. Understanding the effects of harassment and implementing prevention strategies is critical for ensuring all employees are in a safe and respectful workplace. Types of harassment Sexual harassment involves unwelcome behaviour of a sexual nature that intimidates, humiliates, or offends a person. It can include unwanted physical contact, sexual comments, lewd jokes, gestures, or propositions. Harassment can come from patrons or colleagues. Hospitality employees, especially those in front-of-house roles such as wait staff, bartenders and hosts, can be targets of inappropriate behaviour from customers. Particularly during the festive holiday season. Alcohol consumption, late-night shifts and the expectation of friendly service can contribute to blurred boundaries. It can create an environment where harassment occurs and often goes unreported. When customers behave inappropriately by making suggestive comments, touching, or propositioning staff, it places employees in a vulnerable position. They are pressured to tolerate poor behaviour, that would be unacceptable in any other work environment, simply to avoid conflict or negative reviews of the establishment. Expecting staff to overlook bad conduct can create a hostile workplace and leave lasting emotional effects on employees. Harassment by colleagues and supervisors Sexual harassment among staff members or from a superior is equally damaging. Power imbalances play a major role as junior employees feel they cannot report harassment for fear of retaliation or loss of employment. Sexual harassment may also involve coercion in exchange for favourable shifts. Environments where management fail to act on complaints can create a sexualised workplace and harassment becomes normalised. Staff are expected to sometimes ‘laugh off’ sexual harassment as someone just having fun. When this behaviour is tolerated, it erodes trust in management and decreases morale as employees feel helpless to prevent harassment from happening to them or colleagues. Employer responsibilities and management of allegations As a business owner or manager, you have a legal and ethical duty of care to provide a workplace free from harassment. When an allegation is made, handling it promptly, sensitively and fairly is crucial. After receiving a complaint, you should listen carefully, take the allegation seriously and reassure the employee their report will be treated confidentially. Your employee should be made aware of their rights, the available support and the steps involved in the investigation process. An impartial investigation into the complaint must follow. This involves gathering evidence, interviewing all parties and any witnesses. It’s important as a business owner or manager that you maintain objectivity. You may choose to appoint an external investigator to ensure transparency in more complex cases. Once findings are presented, decisions should be based on evidence, not assumptions. Action and resolution If the complaint is substantiated, appropriate disciplinary action must be taken proportionate to the severity of the misconduct. This could range from verbal warnings to termination of employment. For cases involving patrons, you should intervene immediately, escorting the offender from the premises, if necessary, ban them from returning and reassure your employees such behaviour is not acceptable. Communication with all staff about behaviour helps reinforce your zero tolerance on harassment. Including a clear, comprehensive policy on sexual harassment in your employee handbook is the cornerstone of prevention. It sets standards for behaviour, outlines reporting procedures and assures employees of protection. It outlines the steps your business takes to investigate and resolve issues. It should explain the rights and responsibilities of employees, supervisors and management, and state the consequences of breaching the policy. Communication and training Policies alone are ineffective without consistent training. As an employer it’s your responsibility to conduct regular training to ensure staff understand acceptable workplace conduct and how to recognise and report sexual harassment. Visual reminders, like posters and accessible policy documents, help reinforce awareness. Creating a culture of respect starts at the top. It’s important to intervene as soon as misconduct occurs and encourage open communication. Taking a proactive approach can reduce the risk of incidents and promotes a supportive environment where employees feel valued. Consequences of sexual harassment Sexual harassment can have serious consequences for individuals and your business. Victims can experience anxiety, depression, humiliation and a decline in job satisfaction. Work performance often declines and employees resign, leading to high staff turnover and recruitment challenges. Failing to address sexual harassment can lead to legal liability, reputational damage and financial loss. Supporting employees who experience harassment is essential. You should make employees aware that help is available through confidential counselling or an Employee Assistance Program (EAP). This can help the employee process the trauma and regain confidence. Providing a safe space to talk openly about an incident without fear of blame or judgement is essential for healing. Workplace adjustments Temporary adjustments, such as schedule changes or relocation away from the alleged perpetrator, can protect the employee during and after the investigation process. You should consult with the employee before implementing changes to ensure they meet their needs. Follow-up meetings with the employee are vital. They enable you to assess if the situation has improved and no further incidences have occurred. Continuous monitoring demonstrates your commitment to the safety and comfort of your employees. Creating a respectful work culture Preventing sexual harassment requires establishing a culture that emphasises respect, accountability and equality. Every employee, regardless of their position, must understand harassment is unacceptable and will be met with swift, firm action. Encouraging bystander intervention, where witnesses feel empowered to report or challenge misconduct, further strengthens your culture. In the hospitality industry, where interactions are central to service, maintaining a harassment-free environment is essential to both employee wellbeing and business success. For advice on creating a sexual harassment policy or employee handbook for your hospitality business, contact the team at peninsula.

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