Employers and employees in California should be aware that sexual harassment can happen in same-sex situations. No matter who is the affected victim, any words or actions of a sexual nature that leads to an uncomfortable environment constitutes harassment and needs to be addressed.
According to Business Insider, workers in California are protected under SB 292. This law states that sex does not have to be the reason for the harasser’s actions in order to be considered sexual harassment. This law helps clarify the question of sexual desire in harassment cases, which the state courts’ decisions were previously split on. SB 292 refers to both different- and same-sex harassment claims.
As the Society for Human Resource Management states, same-sex sexual harassment claims should be treated similarly to other harassment situations. This means privately investigating the claim thoroughly, including asking relevant questions and weighing evidence from both sides. Compassion and respect should be shown to both parties, without bias or judgment. Unfortunately, bias and stereotyping can be factors in same-sex circumstances, which need to be considered when investigating the complaint. Because there is some bias towards the LGBT community, sensitivity and confidentiality need to be practiced when questioning both sides.
Updating policies and training so they include same-sex situations is also important. Harassment often occurs when there is not a clearly defined or communicated policy that is comprehensive. Including all potential scenarios helps decrease the incidence of sexual harassment by those who do not fully understand what it entails. It is also recommended that those who falsely file claims should be punished.
