News & Media
Preventing Harassment in the Workplace
By Jodi Schafer, SPHR, SHRM-SCP HRM Services www.WorkWithHRM.com
ANSWER: Sexual harassment was established by a landmark US Supreme Court order from a lawsuit where an employee was expected to provide sexual favors to keep her job. This, the court said, created a hostile work environment and was a violation of Title 7 of the Civil Rights Act of 1964. The court ordered the Equal Employment Opportunity Commission, (EEOC) to write rules to address sexual harassment. Harassment guidelines have been expanded over the years to include all protected classifications, i.e. race, religion, gender, etc. A claim of harassment can be expensive in many ways. It can cause lost production, result in high legal fees, negatively impact team work, cause personal problems, and may likely cause turnover. If the claim is made public, it will be a public relations nightmare.
To protect yourself and your business, the first thing you need to do is make sure you have a thorough policy that outlines what harassment is and requiresreporting of claims to management. Your policy must also explain that when members of leadership are presented with a claim, they will ensure it is thoroughly and completely investigated. Upon the conclusion of the investigation any disciplinary action taken against any of the people involved must be documented. This includes claims that are made directly and those that are implied. Be aware, MOST CLAIMS ARE IMPLIED! Your liability is not reduced if the employee refuses to make a direct claim.
Once a policy is established, it must be communicated to all staff. All employees of the company, especially all of the owners and senior managers, should receive training that explains the different types of harassment, provides a review of the policy, identifies your reporting system and teaches all members of leadership how to identify and address concerns that come to them. Attendance to this training must be mandatory and documented.
The greatest concern I have based on your question is your current culture. Banter of a sexual nature will never be appropriate in the workplace. Consider taking a broader view, and discussing the type of behavior you want to encourage, not just the illegal behavior you want to prevent. Code of Conduct policies can be a natural supplement to Anti-harassment policies because they define what appropriateness in your workplace looks like and prohibits transgressions that may not rise to the level of harassment, but may still be harmful to your culture.
Perception and inappropriate behavior play big roles in harassment claims and if an employee perceives the banter to be offensive, then it is - even if they actively took part. It is common for employees not to report complaints when they have been harassed. They may hint or make comments about behaviors. They may ask other employees what they experienced. If they do come to a manager, they may ask that their concern be kept confidential. Essentially, they do not want to cause any problems. No matter, you must still conduct an investigation and if necessary, discipline the perpetrator. All too often, this person was not the first or the only. It is imperative that harassment and the inappropriate lead-up behaviors be taken seriously and much more than lip service be given to complaints, not matter how subtly they are made.