Sexual Harassment

[Editor's note: "Ask HR" got this question from an academic library. As readers will see, the question and answer explore issues about identity that may impact some readers deeply.  We welcome your comments on how to address questions of about personal and sensitive topics in the work environment effectively and compassionately; comments may be sent to [email protected].]

From the legal perspective, this question has a very simple answer: when it comes to gender, people should be referred to in the way they request to be referred to.  So, until the student informs you that the way they wish to be addressed (by name, pronoun, or honorific) has changed, it is good to stick with the last thing they told you.

Beginning on October 9, employers in NYS are required to make interactive training which meets state outlined minimum standards to their employees to combat sexual harassment in the workplace.

The member is right: New York State has taken the huge step of requiring ALL employers—whether  they employ one, or one thousand—to train their people to recognize and report sexual harassment and illegal retaliation.

But this training requirement does not stand alone.  Also as part of the amped-up law:

Pornography and public computers in libraries have gone hand-in-hand for some time and I'm doing some research on how library policies should handle addressing this in a realistic and proactive way. The question that I am researching is whether or not it is legal to explicitly list pornography as something that cannot be accessed on library computers.

Because libraries are guardians of the first amendment, and because there is no consistent definition of “pornography,” the answer is: NO. I cannot offer legal guidance that simply bans porn…any more than I could suggest that a public library start charging admission.  Such guidance would cut into the fundamental heart of a library’s mission.