Sexual Harassment is Global, Solutions are Local

In the U.S., the most common legal basis for asserting sexual harassment claims is Title VII of the Civil Rights Act of 1964. Normally an employee files a charge claiming sexual harassment and/or retaliation for reporting the harassment, and the EEOC conducts an investigation and makes a determination. If there is a “reasonable cause” finding, the agency will “invite” the employer to conciliate and attempt to settle. If the matter is not settled, either the EEOC or the employee may bring suit in federal court.

Laws prohibiting sexual harassment in European and Latin American countries are similar to ours, but differ in some particulars. In Brazil, sexual harassment can be a crime for the employee who commits it, but only a civil matter for the employer.

In the UK, the Equality Act 2010 prohibits sexual harassment, including unwelcome sexual advances, the display of pornographic images, or sending emails of a sexual nature. Italian law provides that any employment decision concerning an employee who is a victim of sexual harassment is null and void if adopted as a consequence of the employee’s refusal of or subjection to sexual harassment.

Both in the United States and abroad, employers must protect their employees from sexual harassment or face potentially costly litigation, and sometimes astronomical jury awards. General counsel and Human Resources professionals will sleep better if they ensure that their organizations take all necessary steps to prevent and control sexual harassment claims.