Addressing Workplace Sexual Harassment: Public Policy Solutions for Utah

Workplace sexual harassment causes harm. Harms to individuals being sexually harassed include negative mental and physical health effects, reduced opportunities for on-the-job learning and advancement, forced job changes, unemployment, and/or abandonment of well-paying careers. These “psychological, physical, occupational, and economic harms … can ruin an employee’s life.” Sexual harassment harms employers as well. These harms include legal costs, reputational damage, increased employee turnover, increased absences, and reduced productivity. 

This report includes the following key findings:  

• Workplace harassment remains a persistent problem. 
• Workplace harassment too often goes unreported.  
• There is a compelling business case for stopping and preventing harassment.  
• Prevention starts at the top; leadership and accountability are critical.  
• Harassment training must change. New and different approaches to training should be explored. 
• A nationwide “It’s on Us” campaign should be explored to transform the problem of workplace harassment from being about targets, harassers, and legal compliance, into one in which coworkers, supervisors, clients, and customers all have roles to play in stopping harassment. 

Recommendations for Utah 

The continuing prevalence of workplace sexual harassment, its harms, and the large percentage of Utah women in the workforce provide an incontrovertible basis for Utah to act on the EEOC’s call to reduce workplace harassment. Based on our extensive research, we propose the following three areas of recommendations for Utah legislative action. 

1. Require prevention measures and provide employer tools. 
2. Take steps to reduce retaliation.
3. Remove barriers to legal redress.

Conclusion

Tragically, workplace sexual harassment continues to happen today and is vastly under-reported. This harassment causes extensive harms to the individuals harassed, the vast majority of whom are women. For example, many of these women are harassed into leaving their jobs, despite being well-qualified, dependable workers. Workplace sexual harassment also harms organizations. One lost sexual harassment claim can set an employer back hundreds of thousands of dollars in both damages paid and talent lost. The extensiveness of these harms grows exponentially when juxtaposed with the reality that the majority of Utah’s women participate in the workforce. Today’s economy—with its low unemployment, need for skilled workers, and tight bottom-lines—can no longer withstand a workplace climate that forces capable women workers to the sidelines.  

State legislatures have been called upon to act to reduce workplace sexual harassment. To answer this call, Utah’s legislature should require workplace sexual harassment prevention measures, take steps to reduce retaliation that occurs once sexual harassment concerns are raised in the workplace, and remove barriers to legally redress this harassment. These actions will provide helpful compliance tools to Utah employers and modernize Utah’s Antidiscrimination Act, which, as time has shown, left much to be done to significantly reduce workplace sexual harassment. 

To learn more, read the full white paper or review the executive summary.