Few topics have garnered the attention of employers like sexual harassment. In a recent case in southern New Jersey, a woman won a 1.5 million dollar jury verdict for sexual harassment. Because of the potential for enormous money damages associated with sexual harassment lawsuits, employers have developed detailed policies and procedures to prevent sexual harassment from occurring. These policies typically dictate the process and procedures for reporting and addressing male-female sexual harassment. However, many employers do not have policies and procedures in place to protect them from other forms of harassment that may be alleged in the workplace. The absence of such policies leaves a gaping hole in an employer’s defense to non traditional harassment claims.

State and federal law recognize harassment claims for conduct other than traditional male-female sexual harassment. For example, employers are susceptible to “same-class” harassment, such as male employees taunting another male employee for being effeminate, or employees making derogatory racial comments towards another employee of the same race. Conduct that in the past was written off as “horseplay” or “bad jokes” presents employers with a monetary risk similar to sexual harassment.

Employees now are taking advantage of these types of claims. Statistics from state and federal agencies show a significant increase in the filing of non traditional harassment claims, especially male – male harassment claims. Employers who do not have policies in place to address forms of harassment other than male-female sexual harassment run the risk of not having done enough to insulate themselves from liability. In one recent case, a jury awarded over $840,000.00 to a male worker who was constantly teased and touched by another male co-worker. In another recent case, a jury awarded a male employee over $200,000.00 for damages and almost $500,000.00 in attorneys fees for being teased about his sexuality, touched and grabbed, and for being the constant target of vulgar jokes and pranks.

To protect yourself from all types of harassment claims, you should at minimum update your harassment strategies by:


- Establishing a well-publicized and enforced anti-harassment policy that addresses forms of harassment other than sexual harassment;
- Establishing effective formal and informal complaint structures;
- Establishing mandatory anti-harassment training programs; and
- Establishing effective monitoring procedures to ensure that the policies and complaint mechanisms are working; and
Conducting immediate and thorough investigations of all harassment complaints.

If you receive a harassment complaint, take immediate and appropriate action if the investigation confirms that harassment or discrimination occurred. Such action can include non-disciplinary and disciplinary action, and can include things like sensitivity training and transfer of the offending employee.