Problems To Should Look For In Harassment Policies

You probably put your employee handbook together in the hustle and bustle of getting your doors open when you first started.  You wanted to be thorough, and you tried to think of everything, but your specialty isn’t HR, so you might be worrying that you’ve missed something.

When it comes to harassment in the workplace though, you need to your policies to be rock solid to give you as much protection as possible against future liability.

Prevention is the best tool you have to eliminate harassment in the workplace.  This starts with a clearly outlined harassment policy in your employee handbook.  Your policy should include:

Your Company Policy Statement On Harassment

You should make it very clear what your company’s stance in on harassment in the workplace.  You should include a statement about the type of work environment you desire to create

An example would look something like

This section defines the harassment policy of{your company}.  We believe in building a work environment that is both productive and satisfying where work is accomplished in a spirit of mutual trust and respect.  Harassment is a form of discrimination that we find to be offensive, detrimental to morale, and that undermines the integrity of employment relationships and causes harm to the productivity, efficiency, and stability of our organization.

Definition of Harassment

You should includea statement of the legally protected classes covered by Title VII as well as any local state laws concerning harassment.

An example would look something like:

All employees have a right to work in an environment free from discrimination and harassing conduct, including sexual harassment. Harassment on the basis of an employee’s race, color, creed, ancestry, national origin…{List all protected classes here}.  Harassment on any of these bases is also illegal under Federal Law{title of law(s)}and State Laws for{Your State}including{title of law(s)}.

Unwelcome verbal or physical conduct of a sexual nature includes, but is not limited to

• The repeated making of unsolicited, inappropriate gestures or comments;
• The display of offensive sexually graphic materials not necessary for our work;

Harassment on any basis (race, sex, age, disability, etc.) exists whenever

• Submission to harassing conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment.
• Submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual.
• The conduct interferes with an employee’s work or creates an intimidating, hostile or offensive work environment.

Recognizing Harassment

Harassment can be verbal or nonverbal.  It can subtle, or manipulative.  It refers to behavior that is not welcome, and is considered by the recipient or an observer to be personally offensive.  All forms of gender harassment are prohibited, including harassment of men by men, women by women, men by women, and women by men.

Offenders can be managers, supervisors, co-workers and even people that don’t work for the company, like clients or vendors.

Some examples or harassment include:

Verbal Harassment like: Jokes, degrading remarks, insults, suggestive language, comments on someone’s body or sex life, pressures for sexual favors, cat calls, whistling, calling someone stud, hunk, or babe, etc.

Non-Verbal Harassment like: offensive gestures, staring, hugging, touching, patting, blocking a person’s movement, violating someone’s personal space, brushing against their body, displaying suggestive or degrading pictures, derogatory cartoons or drawings, etc.

Grievance Procedure

You should be sure to include a “victim-friendly” compliant procedure that encourages employees to come forward.  It should be sensitive to their situation, stress the need for confidentiality, and make sure they understand that, regardless of the outcome, retaliation will not occur.

You should provide multiple avenues for them to make an internal complaint… including how to submit a complaint when the harasser is their supervisor, or someone in their direct chain of command.

Non-Retaliation Statement

It is illegal for you or your employees to participate in retaliation discrimination.  This means that you cannot discriminate against an employee for bringing a complaint or assisting in the investigation of a compliant.  You need to state the laws regarding retaliation such as:

This policy also expressly prohibits retaliation of any kind against any employee bringing a complaint or assisting in the investigation of a complaint. Such employees may not be adversely affected in any manner related to their employment. Such retaliation is also illegal under{list titles of federal and state laws that apply}

Disciplinary Action

Be sure to reiterate your company’s views on sexual harassment as well as any disciplinary or corrective action, ranging from a warning to termination, that can be expected.