Sexual harassment has become a hot topic. Although the law regarding sexual harassment has not changed much recently, the #MeToo movement restored attention to sexual harassment in the workplace. Employers should use the publicized mistakes of other companies as motivation to review their policies and procedures to secure a harassment-free workplace.

Company Culture. A harassment-free workplace begins with the company’s culture. The culture should be one where harassment does not occur. But if harassment occurs, employees should feel comfortable raising a complaint. All complaints should be taken seriously, regardless of the source. An employee should not be afraid his or her complaint will be laughed off or brushed aside.
Company Policy and Training. Employers can help establish a harassment-free workplace with clear company policy. The policy should specify the person or persons to whom an employee can report inappropriate behavior. The policy may designate the employee’s direct supervisor, someone in human resources, or even the CEO. Designating several people at different levels within the company can help the employee feel more comfortable reporting his or her boss, or his or her boss’s boss, for sexual harassment. Yearly training of all employees is also recommended. An employer should show that all employees, even senior management, are subject to the policy. This can be achieved by requiring people in positions of power to attend training. The policy should also be applied uniformly, regardless of the alleged harasser’s rank and title.
Prompt and Responsible Investigations. The employer should always act promptly upon receipt of a harassment complaint. An employer’s prompt response demonstrates its commitment to maintaining a harassment-free workplace. Appropriate investigators should be chosen, all relevant evidence should be reviewed, and the investigation should be documented. An employer may choose to use legal counsel to conduct and oversee the investigation.

During the investigation, the employee should feel his or her complaint is being taken seriously. This can be achieved by keeping the employee informed of the status of the investigation and the ultimate findings.

If the investigation reveals harassment, corrective action should be taken immediately. Any discipline should match the severity of the conduct and should be consistent with the employer’s established policy. For example, if the employer has a zero-tolerance policy, it must be applied uniformly regardless of the harasser’s position or value to the company. The company should inform the complaining employee when corrective action has been taken.

In addition to helping create a culture that rejects harassment in the workplace, prompt and responsible investigations may also help an employer avoid liability for sexual harassment by showing the employer took steps to prevent sexual harassment in the workplace.

If you have questions regarding your company’s sexual harassment policies and procedures, please speak with an experienced employment law attorney.