Protect Teen Workers From Sex Harassment

(Published May 18, 2009)

 

Reprinted from PERSONNEL LEGAL ALERT, a widely read employment law newsletter that keeps HR executives up-to-date on the latest court cases, legal trends, government regulations, and federal legislation that affect the policies you write and procedures you administer. 

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According to a February 2009 report on the PBS show NOW titled "Is Your Daughter Safe At Work?," 200,000 teenagers are sexually assaulted or harassed at work each year.  Understanding what makes teens a vulnerable segment of the workforce will help you to protect them.

What Makes Teens Prime Targets

Teens lack work (and life) experience.  Through no fault of their own, teens often don't know…

…their workplace rights.  They don't know that they have a legal right to work in an environment free from harassment by a supervisor, co-worker, vendor, customer, or a person of the same gender.  They might think, "Gee, I guess this is what the real world is supposed to be like."

 

…what constitutes harassment.  They might not know that sexual harassment can include sexual jokes and banter that they see as normal behavior at school, and that it doesn't have to involve physical touching.

 

…how to stand up for themselves.  Simply telling the harasser that they're feeling uncomfortable and asking them to stop might not occur to them or might be too intimidating for them. 

 

…how to report incidents of harassment.  Because of their inexperience in the workforce, teens may believe their only recourse is going to their direct supervisor for help…but what happens if their direct supervisor is the one who is harassing them?

 

…that they should report harassment.  Teens who are victims of sexual harassment often become embarrassed or scared, or they blame themselves for the harassment, and so they sweep the harassment under the rug and don't report it, or they deny it occurred if a co-worker reports it on their behalf.

 

Harassment Prevention Tips

Harassers count on the above factors coming into play, further emboldening them into thinking they can get away with sexually harassing teens at work.  Thus, it is important to educate teen workers on their rights and to encourage them to speak up if they ever feel uncomfortable at work.

 

1. Train and inform.  During orientation, review your organization's sexual harassment policy and code of conduct with all new hires.

 

Make anti-harassment training mandatory for all.  Separate, targeted training for supervisory personnel and for workers is recommended.  Important for supervisors: Make it clear that flirting with underage workers is inappropriate (even when it doesn't rise to the level of illegal harassment) and subject to discipline.

 

2. Provide and publicize an outlet.  Go over the organization's complaint-reporting procedure with teen workers.  In particular: Make sure teens know whom to contact if they ever feel harassed by their direct supervisor or other person in a position of power.  Encourage all employees to report any incidents of sexual harassment that they experience, witness, or hear about.

 

Just knowing about the complaint-reporting procedure is not enough; teens must also feel comfortable using it.  Review the organization's anti-retaliation provisions, so employees understand that they will not be punished or seen as a troublemaker for filing a good-faith complaint.  Managers must ensure that a teen who has filed a complaint does not experience subtle forms of retaliation, such as being assigned fewer or worse shifts or being mocked by co-workers.  One employee said that everyone knew he was being harassed and "many people just laughed about it."  (EEOC v. Wyndham Worldwide Corp., d/b/a WorldMark by Wyndham, formerly Trendwest Resorts, Inc., W.D.WA, No. C07-1531, 2008)

 

3. Act promptly and accordingly.  Thoroughly investigate all complaints of harassment that come to your attention, particularly when teens are involved.  The EEOC filed suit against two companies whose managers were aware that teen workers were being harassed, but failed to take corrective action.  The employers settled the suits to the tune of $85,000 and $425,000, respectively.  (EEOC v. Burger King Corp., d/b/a Burger King, M.D.NC, No. 1:08-cv-00703, 2009; EEOC v. Scolari's Warehouse Markets, N.D.NV, No. CV-04-229, 2008)

 

Related Topic(s): Discrimination/Sexual Harassment