Workplace harassment is a serious issue that can undermine the productivity, morale, and well-being of employees, even those who are not direct victims of the harassment. For employers, understanding and taking the appropriate steps to prevent harassment (and addressing it when it happens) is not just a legal obligation but also a moral imperative. 

By clearly defining unacceptable behaviors, providing clear reporting channels, ensuring confidentiality, and conducting thorough investigations, employers can show their commitment to a harassment-free workplace.

This article covers the basic requirements and ideal practices for how employers can meet their obligations appropriately to maintain a healthy workplace.

Understanding Workplace Harassment

Workplace harassment is any unwelcome conduct or behavior based on race, color, religion, sex (including pregnancy), national origin, age, disability, or genetic information. It is generally divided into two kinds of behavior: quid pro quo and hostile work environment. Quid pro quo harassment occurs when job benefits are contingent upon sexual or other kinds of favors, while a hostile work environment involves unwelcome conduct that renders the workplace hostile or offensive.

Practical examples of these conducts include; derogatory jokes, slurs, insults, physical assaults, offensive memes, cartoons or pictures, threats or intimidation, pressure to date or unwelcome sexual advances, name-calling, ridicule or mockery, or any other negative action that interferes with work performance. 

Legal Framework

The federal laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) to govern workplace harassment are:

• Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
• Americans with Disabilities Act (ADA): Prohibits discrimination against people with disabilities.
• Age Discrimination in Employment Act (ADEA): Protects employees over 40 years from discrimination.

Other states have laws that provide enhanced protections. For example, the California Fair Employment and Housing Act (FEHA) prohibits discrimination, harassment and retaliation. The law also requires that employers “take reasonable steps to prevent and correct wrongful (harassing, discriminatory, retaliatory) behavior in the workplace.” This, plus their mandatory workplace harassment training, offers extra protection against harassment and discrimination.

Know Your Duties

Employers usually need to wear different hats for the successful running of their business. It is not enough to have created an LLC or other legal business entity and continue to run the business with the objective of profit maximization being the only or primary goal that takes all your attention. Among other things, workplace harassment is another of the myriad of things that you will need to pay attention to, especially as the business grows larger and employs more people.

You should maintain a healthy work environment by doing the following:

• Implement Clear Policies: You should develop and distribute well-crafted policies related to harassment. These policies should describe what constitutes harassment and provide a procedure for reporting and addressing complaints.

• Training: Train employees regularly to understand harassment and the company’s policy against it. This includes training supervisors on how to manage complaints.

• Take Fast Action: Make sure you address any complaints of harassment swiftly. This involves fully investigating and interviewing the harasser, the one who is harassed and other witnesses, if any.
  
  If you determine that the employee who reported was truly harassed, you should take the necessary steps to ensure the harasser desists from such actions. You should also make sure that the employee who reported is not punished, treated differently, or harassed for reporting harassment.

• Confidentiality: You must maintain confidentiality, especially regarding complaints, to protect the privacy of all parties involved.

How To Build A Harassment-Proof Workplace

Employers are burdened with the responsibility of creating a safe work environment for all their employees without fear, discrimination and harassment. For you to achieve this sustainably, here are some practical steps for you to take:

• Develop an Anti-Harassment Policy: This is the foundation for preventing harassment. You should understand any legal requirements, define what constitutes harassment with examples, state your organization’s zero-tolerance stance clearly, describe the reporting procedures for complaints and how those complaints will be investigated, offer support resources to those affected, regularly review and update the policy, and communicate it clearly to all employees.
• Communicate the Policy: You should ensure that this anti-harassment policy is communicated clearly to all employees. Include it in the employee handbook, post it visibly in common areas, and make it easily accessible on the company’s intranet or internal communication platforms.
• Provide Training and Education: You should provide regular training for your staff and management on identifying harassment, reporting it, and understanding the consequences.
• Establish Reporting Mechanisms: Implement different platforms for employees to report harassment, such as a dedicated HR representative, an anonymous hotline, or an online reporting service.
• Prompt Complaint Investigation: Investigate complaints within a reasonable timeframe, covering all aspects. This helps prevent workplace harassment and future incidents.
• Start Being Disciplinary: Penalize harassers appropriately. This could range from warnings to termination, depending on the severity of the offense.
• Support and Resources: Provide information on resources available to employees who experience harassment, such as counseling services, employee assistance programs, and legal resources.
• Review and Update: Regularly review and update the anti-harassment policy to ensure it remains effective and compliant with any changes in the law. Seek feedback from employees on the policy’s effectiveness and make improvements as needed.

Seek Professional Help 

Managing harassment claims and maintaining compliance can be complex. A good starting point in dealing with such situations is working with a small business lawyer to help draft or review your employee handbooks and the relevant sections related to harassment.

They can also draft and review policies, provide training, and advise on specific cases especially if you have an employee who is not satisfied with the way their harassment report was handled and has reported the case externally.

Their expertise is critical to maintaining a harassment-free workplace and avoiding costly legal traps.

In Closing

Workplace harassment is a serious matter, and employers need to address it with appropriate vigor. By establishing core anti-harassment policies, offering training, and responding appropriately to complaints, employers can create a safe and respectful work environment, and safeguard employees, the firm’s reputation, and protect the business from litigation while improving operational efficiency. 

Remember, the goal is not just to avoid legal trouble but to encourage a workplace where every employee feels valued, and respected, and to build a workplace that stands as a model of respect and inclusivity.

Published by: Nelly Chavez