This ruling was a watershed event for sexual harassment prevention. The Court said that employers are liable for such harassment, unless they have "exercised reasonable care to prevent and correct promptly any sexually harassing behavior" and unless the victim "unreasonably failed to take advantage of any protective or corrective opportunities."

Legal experts agree that this means every employer must 1) develop a strict harassment prevention policy which is communicated effectively and often, 2) offer on-going prevention training for all employees, from the top down, 3) and have a complaint procedure in place. Additionally, harassed employees must be assured that supporting witnesses and documents can be presented without recourse, that investigation conclusions are accessible and that an appeal can be lodged without going outside the organization. Without these safeguards, organizations and supervisors can sustain enormous financial damages if sexually abusive behavior occurs and the victims sue.

The Equal Employment Opportunities Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that interferes with an individual's work performance, or creates a hostile, intimidating work environment.

This June 26, 1998 U.S. Supreme Court ruling is the latest in a series of opinions from the Court and Congress on this subject. In 1986, the Court ruled that sexual harassment is a form of discrimination, and thus is a part of Title VII of the Civil Rights Act. Then in 1991, Congress amended the Act to allow plaintiffs jury trials in federal court, as well as punitive damages. However, lower courts have been divided on how to handle harassment claims, which has confused legal experts and dampened attempts at sexual harassment prevention.

Now, the issues are clear and such harassment in the workplace must stop, or there may be substantial financial consequences for employers. Additionally, depending on the circumstances, harassers now can be sued, as can their supervisors who don't respond to reports of harassment.

For example, consider the Mitsubishi Motors case. Although settled prior to the recent Supreme Court decision, 350 women and the EEOC sued Mitsubishi because of co-workers' alleged offensive sexual remarks and actions. They were awarded $34 million. In another case involving the Life Insurance division of CNA, the two most senior officers in the division were forced to resign because of complaints from two women about sexual remarks - complaints that received no response from management.

"It can't happen here, so why bother," is frequently heard as a reason for not establishing prevention measures. In fact, the National Organization for Woman found that 80% of women surveyed in the workplace had been sexually harassed, although 90% of them did not report it. The EEOC now handles some 5,000 new sexual harassment cases annually, double the caseload of only a few years ago. So, "it can happen here and probably will!"

Sexual harassment is often considered a perception issue. What one person thinks is a compliment, another feels is abusive and perceives as creating a "hostile environment," one of the legal definitions of sexual harassment. A study at Northwest Missouri State University indicated that 95% of women were offended by suggestive comments, staring and/or flirting, while 46% of men thought women would be flattered by the attention. The same study showed that 67% of men would be flattered if asked to have sex with a female co-worker, while 83% of women would be offended. The Supreme Court decision means that only the victim's perception counts.

Clearly, sexual harassment is unacceptable behavior at work or any other place. Now, however, organizations that don't implement prevention measures are much more likely to suffer at the bottom line, as are harassers and their supervisors. The burden of proof is on the employer to show its innocence if a worker suffers harassment on the job. A published Sexual Harassment Prevention Policy, complaint process, and on-going training are a "must" if liability is to be avoided.

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