On October 19, 2017, the United States Department of Justice (DOJ) announced a new initiative to combat sexual harassment in housing. The initiative specifically seeks to increase DOJ efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. The DOJ will work to identify barriers to reporting sexual harassment to the department and other enforcement agencies (such as HUD), and will collaborate with local law enforcement, legal service providers, and public housing agencies (PHAs).
The Civil Rights Division of DOJ will launch this initiative as a pilot program in Washington DC and western Virginia, where it is working with local legal service providers and law enforcement to raise awareness of the problem, which has grown more acute since the beginning of 2017. The department hopes to expand the program to other areas of the country in the near future.
The DOJ recently resolved two high profile sexual harassment cases in Kansas City, KS and Grand Rapids, MI. In the Kansas City case, the department recovered $360,000 for 14 female residents and applicants of a housing authority who were subjected to unwanted sexual conduct. In this case, an employee of the PHA subjected women to unwanted sexual conduct as a requirement for favorable hearing decisions, including asking them sexual questions, showing pornographic pictures and videos, making explicit sexual comments, and exposing himself.
In the Michigan case, the owner and manager of a private rental housing complex agreed to a $150,000 settlement to resolve allegations of sexual harassment against female residents and applicants, including making unwelcome sexual comments and advances toward them, engaging in unwelcome sexual touching, offering housing benefits in exchange for sex acts, and taking or threatening to take adverse housing actions against women who objected.
This increased level of federal activity relative to sexual harassment in housing is a reminder to all housing owners and managers of the importance of a strong, dedicated sexual harassment policy.
All companies should have a zero-tolerance policy against sexual harassment, to include:
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- Have a clear, written policy that sexual harassment of any kind will not be tolerated and will result in prompt disciplinary action;
- Offer examples of prohibited conduct, such as
- Explicitly or implicitly suggesting sex in return for living in the community, receipt of services, or otherwise related to the terms and conditions of the tenancy;
- Suggesting or implying that failure to accept a date or sex would adversely affect a resident’s tenancy;3.
- Initiating unwanted physical contact, such as touching, grabbing or pinching;4.
- Making sexually suggestive or obscene comments, jokes or propositions; and5.
- Displaying sexually suggestive photos, cartoons, videos or objects.
The policy should encourage anyone who feels they have been sexually harassed to file a complaint, and provide details on how to do so.
It is also important to remember that employers face findings of vicarious liability in sexual harassment cases, meaning that an employer can be find liable for the action of employees – even when the actions were unknown to the employer. Strong, affirmative harassment policies can help limit such liability.