Check any news outlet today, and you’re almost certain to hear about a new sexual misconduct scandal involving an executive, politician or entertainer. I don’t know about you, but I’ve lost count of the number of alleged harassers. The allegations are nothing short of shocking, ranging from offensive acts of sexual harassment to criminal acts of sexual assault. In response, a multitude of corporations and — in a surprise move — the House of Representatives are mandating sexual harassment training for all employees.

This surge of sexual misconduct allegations has, once again, put sexual harassment in the spotlight. But this time, the allegations are sparking conversations about organizational culture and values, which can be the root cause for promoting and tolerating harassment. In light of the media attention on sexual misconduct in the workplace, at a minimum, every employer ought to take stock of their sexual harassment policy and processes to safeguard their business from a surprise claim.

Sexual harassment is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964. This federal law is enforced by the Equal Employment Opportunity Commission (EEOC) and covers businesses with 15 or more employees in 20 or more calendar workweeks in the current or preceding year. Even if your business is not covered by Title VII, it may be covered by a state, local or county anti-discrimination law that prohibits workplace harassment for smaller businesses.

Even before this surge of accusations that began with Harvey Weinstein, harassment was a big problem in workplaces. According to the EEOC, approximately one in four women (25 percent) have experienced sexual harassment in the workplace. And, last year alone, the EEOC resolved 30,582 harassment cases, resulting in $125.5 million in monetary benefits to employees. This doesn’t tell the whole story though. Aside from court awards and monetary settlements, companies with claims face significant direct financial costs associated with legal representation and indirect costs associated with lower morale, decreased productivity, distractions, increased turnover and a negative public perception.

Sexual conduct becomes unlawful under employment regulations when it is unwelcome and severe or pervasive enough to alter the conditions of employment and create an abusive working environment. The problem is, everyone defines “unwelcome” differently. Today, employees who refuse unwanted sexual advances, but who suffer no negative job consequences, can file discrimination complaints. In addition, an employer can be held liable for sexual harassment by a supervisor even if it had no knowledge of the supervisor’s misconduct. Gone are the days of “hear no evil, see no evil, know no evil” defenses. If your business receives a charge of sexual harassment discrimination from the EEOC or another fair employment practices agency and you can’t prove that you attempted to prevent harassment and that you adequately addressed the complaint, you’re considered guilty.

No question, the rules have changed. And let’s not forget the undeniable evidence of harassment that social media, recording devices on phones and hidden cameras provide. But, undeniable evidence of harassment is not required for a company to take employment action against an alleged harasser. What is required is an adequate investigation conducted by an unbiased party (usually not the alleged harasser’s boss) and, oftentimes, a credibility judgment call after the investigation is completed and all facts and information are considered. Making a credibility judgment can be uncomfortable for some employers, but at times, is necessary. According to the EEOC, the fact that there are no eye witnesses, no direct evidence of harassment, and/or no admission by the accused, does not necessarily defeat the complainant’s credibility.

Don’t make the mistake of thinking that these elements are necessary before acting. The probable cause standard adopted by law enforcement does not apply to employment decisions made by employers. And, by all means, don’t adopt a “three strikes and you’re out” philosophy when it comes to harassment. Permitting an alleged harasser to remain employed until there are three complaints against him or her is a potentially dangerous and costly approach to resolving workplace harassment complaints and one that should never be adopted. In essence, this practice sends a message that it takes three incidents of harassment before one is deemed to be credible. (As if the volume of complaints makes a difference in determining if they are credible!)

To reduce exposure to sexual harassment and to create an organizational culture that prevents harassment, every employer ought to adopt a three-prong approach:

First, develop, disseminate and vigorously enforce a comprehensive policy against harassment. Ensure your policy forbids harassment; provides multiple channels for making complaints known to management; commits to conducting a prompt, thorough and impartial investigation; ensures confidentiality to the extent possible; and prohibits retaliation.

Second, conduct periodic sexual harassment training at all levels. Allocate the necessary resources to harassment training. Consider it an investment. Include all company managers and executives in the training. Document attendance. Absent a state regulation that requires otherwise, sexual harassment training should be conducted annually at every business.

Third, take every complaint seriously and investigate immediately. It doesn’t matter if the complaint is lodged by a “habitual trouble-maker,” if it involves an allegation against a customer (employers have the same responsibility when the claim involves a customer), if it seems trivial, or if the complainant is unwilling to submit the complaint in writing. Investigate it immediately, using a well-trained, objective and neutral investigator. When necessary, hire a third-party, qualified consultant to conduct a comprehensive investigation. Then, take appropriate action based on the results. Enforce a culture of accountability when it comes to harassment.

Many sexual harassment incidents in the workplace can be avoided by simply ensuring professional communication in the workplace. Managers must “model the behavior desired and required.” Here are some other common sense tips for management:

• Avoid references to employees’ physical appearance and comments about sex.
• Develop and distribute an electronic systems policy prohibiting sexually-related email messages, jokes and photos. Use software to block access to inappropriate websites.
• Avoid physical contact with employees — respect individuals’ personal space.
• Use professional settings when conducting meetings outside the workplace.
• Recommunicate your policy prohibiting harassment prior to holiday parties and social events.
• Be conscious that “no” means “no,” no matter how softly spoken.
• Keep in mind that workplace favoritism can lead to hostile environment claims.
• Be wary of workplace romances. They can be fertile ground for hostile work environment claims, even when they are initially consensual.
• Do not condone offensive terms, sexually degrading words or sexual jokes.
• Watch for signs and learn how to read people. People want to be accepted by their peers and may be reluctant to report harassment.

A single incident or isolated incidents of offensive sexual conduct or remarks generally do not create an abusive/hostile environment; however, a single, unusually severe incident of harassment (e.g., unwelcome, intentional touching of a person’s intimate body areas) may be sufficient to constitute a Title VII violation. The more severe the harassment, the less need to show a repetitive series of incidents, particularly when the harassment is physical.

When it comes to harassment, don’t assume that an employee’s initial acceptance of harassing conduct waives his or her right to complain later. Conduct that is initially welcomed may later be unwelcome. In addition, voluntary submission to sexual conduct does not necessarily defeat a claim if the victim’s conduct indicates that the alleged sexual advances are unwelcome. Finally, the “it was invited” defense doesn’t go too far with the EEOC. Their position is that participation in sexual conduct and provocative speech or dress do not necessarily show that sexual behavior was welcomed.

The best way to reduce exposure and limit liability is to take proactive measures to prevent harassment in the workplace, including proper and ongoing training of managers and supervisors. This type of training is a wise investment that can save your company countless dollars.

If you haven’t conducted or arranged for sexual harassment training within the last year, now is the time! Don’t wait until your company is trending on Twitter for all the wrong reasons!

Jean is president of Seawright & Associates, a management consulting firm located in Winter Park, Florida. Since 1987, she has provided human resource management and compliance advice* to employers across the country. She also consults with employer-members of trade associations, including, among others, The Garden Center Group. She can be contacted at 407-645-2433 or jseawright@seawright.com. (*The information in this article is not legal advice. For legal advice, readers should consult with an attorney.)

Individual mobile payment apps are white hot, as indicated by the 64 percent of consumers who used their smartphone to make a payment in the past 12 months, according to Statista. That’s not taking into account the 150 million U.S. consumers — about 56 percent of the customer population — forecasted by Business Insider to adopt in-store mobile payment systems by 2020.

Although the digital wallet ecosystem hasn’t yet enjoyed mainstream adoption, industry experts say the platform’s benefits are too lucrative for retailers to overlook for long. The enhanced security features, faster checkout times and loyalty integration provided by mobile payment apps can be a plus for independent garden center merchants and shoppers alike.

“It’s the connectedness of today’s customer that’s driving these shifts,” says Daniel Csoka, managing director of consulting firm Mobile Money Matters. “People are already doing price comparisons with apps on their phone.”

On-the-go solutions such as Android Pay and PayPal must contend with consumers’ adherence to traditional payment methods, but Csoka believes that loyalty programs, in-app payments and other value-added features will result in a surge of mobile wallet usage in the coming years.

“Mobile engagement is the same type of engagement as a credit card, but it’s a different form factor,” Csoka said. “Instead of swiping a card, you’re using a mobile device to scan a QR code. It serves the same purpose as a card.”

Payment apps also offer an unprecedented value proposition, added Csoka. Amazon Pay, for example, has a camera function used to browse products in the real world. In theory, a garden retailer could emulate this feature in a way that uniquely engages its own customers.

“Someone who sees a beautiful lavender-colored flower could click an app’s camera icon, which pulls a purple hyacinth from the cloud that can be shipped by a nursery tomorrow,” says Csoka. “So, you’ve engaged with the consumer in a transformative way, providing tangible, useful information and making the payment process seamless.”

Using this app in-store could grant shoppers loyalty perks similar to Target’s Cartwheel savings program, which shares discounts with customers who use the Target app.

With so many apps on the market, a variety of functions are being explored. Wave, a Toronto-based provider of a merchant-friendly accounting and invoicing app, is planning an updated version of its platform that enables retailers to initiate customer payment anywhere in the store.

“It could be a card-reading device, or keyed in manually, or an image scan,” says Wave Vice President of Communications Rob Maurin of the app, which is still in development. “As a consumer at a garden center, I can pay on the spot and head right to my car.”

A mobile point-of-purchase option would be particularly valuable for a garden retailer, as customer interaction often takes place at the back of the shop, among the flowers and plants.

“Lots of retailers are face-to-face with consumers in a non-office setting,” said Maurin. “With our app, you can sell your begonias and jump right into accepting a credit card payment.”

Consumers will ultimately drive the market for the best mobile payment system, Csoka says. However, garden centers that understand the platform’s massive potential can be part of the digital revolution.

“In 36 months you’ll see AI-enabled transaction platforms across multiple industries,” Csoka says. “Independent garden centers must be primed for that.”

Douglas is a Cleveland Heights-based freelance writer and journalist. In addition to Garden Center, his work has been published by Midwest Energy News, Crain’s Cleveland Business and Fresh Water Cleveland.

Multimedia | Podcast

Inside the Village Nurseries/TreeTown USA Deal

When one wholesale grower purchases another, the resulting acquisition process can be a gauntlet of issues; including personnel, licensing, production and other concerns. When TreeTown USA, a nursery with seven growing locations throughout Texas and Florida, announced a definitive purchase agreement to acquire Village Nurseries, a California-based specialty grower for landscape professionals, re-wholesalers and retailers, for an undisclosed amount in September, it marked one of the largest strategic nursery acquisitions in recent history. Matt McClellan, managing editor of sister publication Nursery Management magazine, recently spoke with TreeTown USA CEO Jonathan Saperstein about the deal in a Hort Report podcast.

Listen here: bit.ly/2ADINoa

What’s trending on Facebook

Each year, garden center owners and others in the industry travel from across Europe and beyond to attend spoga + gafa, the horticulture trade show hosted in Cologne, Germany. Industry professionals from Europe and beyond use this show as an opportunity to share ideas and present the latest trends in garden and home retail. Garden Center magazine was fortunate enough to attend this year and bring back photos and impressions from the show floor, including cutting-edge design sensibilities like multifunctional furniture and ground-breaking products like smart irrigation systems. Highlights from spoga + gafa were featured in the October issue of Garden Center and later shared on our Facebook page, garnering interest from followers in the latest news from the European garden center market.

See it here: bit.ly/2zL7cXv

Your Turn

Each month, we ask readers a different question about their retail operations, inviting them to answer via email or social media. You can send your answers to associate editor Conner Howard at choward@gie.net.

THIS MONTH’S QUESTION:
“What little (or big) things do you do to show your employees that they matter?”
Answers to this question will be published in a future issue of Garden Center.

5 stories in brief

Top industry news from our websites

Dümmen Orange Acquisition

The Netherlands-based flower breeder and producer has acquired McHutchison and Vaughan’s Horticulture, two U.S.-based wholesale plant brokerage firms.
bit.ly/2AdSc5h

A Century-plus of Service

Gateway Garden & Home Center, a fourth-generation IGC in Loveland, Colo., is closing down after 131 years in business.
bit.ly/2z8p16H

Top Product Picks

Cool Product Awards at The Landscape Show 2017 were presented to 12 firms, representing 14 popular products.
bit.ly/2zDd5K3

Counting Blessings

9 reasons to be thankful for plants and all the benefits they bring.
bit.ly/2AbhIe5

Save The Date

Registration has opened for the Green & Growin’ 2018 trade show in Greensboro, N.C., scheduled for Jan. 15-19.
bit.ly/2ASVoa2