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Fact or Fiction: Sexual Harassment Claim at "The Factor"

The world of HR is constantly changing. These articles will help you stay informed of changing trends in HR so that you can confidently address day-to-day HR issues that may arise in your organization.

The tables are turned and now Bill O'Reilly is in the hot seat. Andrea Mackris, associate producer on "The O'Reilly Factor," has accused top cable news host Bill O'Reilly of Sexual Harassment. Ms. Mackris's allegations include that Mr. O'Reilly made inappropriate comments and that in at least two phone conversations, he engaged in telephone sex with an unwilling Ms. Mackris. Her lawsuit alleges that he told her, "Next time it's going to be in person." The spin has begun as both sides take it to the media.

If you believe stories like these only happen on television, think again. Businesses all across America are vulnerable, including yours, and the stakes are rising. Victims of sexual harassment have a right to recover damages under state and federal law. This can include lost wages, attorney fees and punitive damages. Awards for sexual harassment claims can run into millions of dollars.

But money is only one part of the story. All you have to do is look at the faces of the accuser, the accused and co-workers to know that this bomb will be felt throughout the organization. Whatever the outcome of the Mackris-O'Reilly suit, you can bet that morale at Fox News has plummeted, the company is now focusing on defending this claim rather than staying ahead of the competition and life at Fox News will never be the same.

Here is what you can do to prevent your company from becoming tomorrow's headline news:

Clean up your office

The first step in addressing sexual harassment in your workplace is to implement and enforce a zero-tolerance policy, which defines harassment and describes your complaint procedure and disciplinary measures. A proactive and aggressive stand against harassment will show employees as well as vendors that you take this issue seriously.

Accept that Sex is not a dirty word

Too often companies mistakenly think that if they avoid talking about a subject like sexual harassment, it won't occur in their organization. This couldn't be further from the truth. Make it a point to talk about sexual harassment in your organization. In today's work environment, it's a subject that needs discussion.

The key is to provide ongoing training, including refresher courses, tailored to employee's needs. For instance, educate workers about their rights and how to report incidents. Meanwhile, you should teach supervisors how to respond to worker complaints and show them ways they can create a sexual-harassment-free environment.

Create a respectful environment

Although an off-color joke may seem harmless to the teller, the receiver and others may feel differently. As a company leader, it's your job to set the tone for conduct - no matter how difficult it may be for you to address workers' comments. When leaders show zero tolerance for these offenses, employees are more likely to be respectful of their co-worker's feelings.

Take action quickly

If you suspect that a worker has harassed another in your office, address the matter immediately. After all, several employees may be affected. Consider hiring an outside professional to conduct an investigation. Although doing so may be costly, it could save you from bad press or a lawsuit.

Investigate all complaints

Treat claims seriously and take immediate action. How your company handles grievances can make the difference between effective, low-cost resolutions and expensive legal battles. Many federal courts have not held employers liable when they found that the company responded to sexual harassment complaints promptly and took corrective action. Regardless of your opinion about the specifics of the situation, it's in your employees' and company's interests to thoroughly investigate any claims.

Harassment in the workplace is an issue that won't be disappearing anytime soon. But that doesn't mean we should stop striving for a work environment where it's the exception rather than the rule.


Roberta Chinsky Matuson is a seasoned human resource specialist with a 20-year track record. She is the principal of Human Resource Solutions. The firm works with start-ups and entrepreneurial companies to help companies align their people assets with corporate goals.

As an industry leader in her field, Ms. Matuson appeared on "The O'Reilly Factor" in 2002 where she spoke with O'Reilly about issues related to Sex in the Workplace. She is an internationally published writer whose articles on HR related issues are on www.careerbuilder.com, www.collegeexit.com, and www.monster.com.

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