Preventing and Responding to Sexual Harassment in Christian Workplaces

According to Church, Tax, and Law, one in every six employees or volunteers in a Christian workplace has been sexually harassed, and 42 percent of those individuals have no intention of reporting the incident.

Defining Sexual Harassment

There are two types of sexual harassment under federal law: quid pro quo and a hostile work environment.

Quid Pro Quo

In quid pro quo harassment, one party forces the other party to engage in unwanted sexual behavior in return for recruitment, promotion, or increased salary or benefits. Often, there is a threat to demote, cut the salary, or even fire the second party if the advances are rejected. This type of harassment typically involves a harasser who has authority over the victim and a single “quid pro quo” instance may be considered harassment if it is linked to an employment benefit.

Hostile Environment

A “hostile environment” is a work atmosphere in which a pattern of offensive sexual conduct is involved. The law describes such conduct as “any unwelcome verbal or physical conduct that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment.”

When one party interferes with the work performance of another employee in an unreasonable manner, intentionally leaves the victim in an intimidating or hostile work environment, or exposes the victim to a rude, lewd, and uncomfortable work environment, it constitutes a hostile environment under this definition. The conduct can include verbal, non-verbal, visual, or physical.

Elements that courts analyze in determining whether a hostile environment harassment claim is valid include:

·       Whether the conduct was verbal, physical, or both;

·       Frequency of the conduct;

·       Whether the conduct was hostile or blatantly offensive;

·       Whether the alleged harasser was a co-worker or manager;

·       Whether others joined in perpetrating the harassment; and

·       Whether the harassment was directed at more than one individual or singled out the victim.

Steps to Take

Establish Clear Policies and Procedures

Like any organization, churches and faith-based nonprofits should have robust policies in place to prevent and address sexual harassment. These policies should be clearly communicated to all employees and include mechanisms for reporting incidents confidentially without fear of retaliation.

Educate and Train

Training programs should be implemented to educate employees about what constitutes sexual harassment and how to prevent it. Leaders, in particular, should be trained to recognize their own biases and power dynamics that may contribute to harassment.

Promote a Culture of Respect and Equality

Leaders should actively promote a culture of respect, equality, and dignity for all employees. This includes modeling appropriate behavior, listening to concerns, creating clear paths to report allegations, and taking swift action when harassment occurs.

Support Victims

Victims of sexual harassment must be supported and believed. This means providing access to counseling, legal assistance, and other resources to help them heal from their experiences.

Hold Perpetrators Accountable

Those who engage in sexual harassment must be held accountable for their actions, regardless of their position within the organization. This may involve disciplinary action, including termination, and cooperation with law enforcement when necessary.

If your church or nonprofit would like assistance drafting sexual harassment policies or would like a sample copy of a policy, please email Reynolds Law Group, PLLC at corbin@reynoldslawgroup.com