Luis Rubiales has resigned as president of the Spanish Football Federation (RFEF) amid controversy over his kissing a women’s national team player without her consent after the team’s victory at the 2023 FIFA Women’s World Cup. The situation has sent shockwaves through the sports world and could remind employers in the United States of the ongoing dangers of ignoring sexual harassment in the workplace. work.
Quick hits
- A public, unwanted kiss on the lips of a Spanish women’s national soccer team player by the president of the Spanish soccer federation highlights the risks of sexual harassment and misconduct in the workplace.
- Employers may want to consider policies and procedures to discourage a culture of harassment and address complaints.
At the awards ceremony following Spain’s victory over England in the August 2023 World Cup final in Sydney, Australia, Rubiales was filmed kissing the star of the Spanish women’s national team Jenni Hermoso on the lips. Reports indicate that Hermoso repeatedly said the kiss was unwanted and that she felt like an assault victim, although Rubiales claimed the kiss was consensual. Rubiales, who has been provisionally suspended by FIFA, is the subject of several investigations into his conduct at the World Cup and as president of the federation and could face criminal charges of sexual assault in Spain.
This and other recent scandals highlight allegations of harassment and discrimination in women’s sports. More broadly, the controversies highlight the persistent threat of sexual harassment and misconduct in the workplace, particularly between supervisors and subordinates, even years after the fact. #MeToo movement has brought increased attention to the issue.
These questions can highlight the importance of employers addressing potential workplace harassment head-on, without delay, in a professional and effective manner. Here are some key steps employers in the United States might consider to avoid sexual harassment lawsuits and liability.
Employers may want to consider whether they are actually discouraging a culture of harassment through their rules and messaging. Many employers have launched new policies and practices that start by sending a strong message to their employees that harassment will not be tolerated in their workplace. This message may involve a holistic approach that includes active and engaged leadership, consistent and demonstrated accountability, robust and comprehensive policies, regular training, and a reliable process for reporting complaints.
- Adopt strong and comprehensive policies
Adopting a valid anti-harassment policy and rigorously enforcing it are essential. This policy may state that the company will not tolerate harassment, establish clear rules and boundaries for appropriate and acceptable behavior by employees and managers, and set out rules or requirements for disclosure of harassment. romantic relationships at work. Additionally, the policy may designate ways to report a complaint, including reporting options that do not require reporting to an offending supervisor, and mechanisms for enforcement of violations.
- Conduct routine anti-harassment training sessions
Beyond policies, employers may want to consider whether, and how often, they conduct training sessions for employees and managers to remind them of appropriate workplace conduct and the position of the employer against harassment. Zero tolerance for violations of an organization’s standards of dignity and respect is becoming the new norm in the workplace. Routine training can help ensure all employees and managers are on the same page and discourage offensive behavior. Training sessions may also include reminders that employees are expected to adhere to the employer’s anti-harassment policy in all forms of company communication, in person and online, which may be essential being as more and more employees work remotely.
- Development of investigation procedures
Developing and following procedures to promptly, fairly and effectively investigate complaints of harassment can be essential to preventing incidents of harassment. Failure to properly respond to complaints can foster a culture of harassment and failure to have appropriate investigation procedures in place can result in an increased risk of liability for employers facing claims. Employers may want to consider adopting investigation policies that include guidelines on the timeliness, fairness, completeness, and overall procedure for conducting harassment investigations. Additionally, depending on the level at which the alleged misconduct occurs, employers may consider retaining an external investigator to overcome the perception of bias and preserve investigative privilege.
Key takeaways
Despite closer scrutiny of workplace harassment and discrimination following the rise of #MeToo, the incident involving the president of the Spanish football federation shows how such problems persist in some workplaces, including those involving the most senior leaders of organizations. Employers may want to view this incident as a reminder to review their anti-harassment messaging, policies and investigation procedures to prevent harassment issues in their workplace.
