Employee Harassment Policies
- An effective employee harassment policy first defines what harassment is so that employees understand why it is important to refrain from the behavior. It should emphasize that it is illegal and give examples of what rises to the level of harassment. For example, employees should know that they are not required to like each other or refrain from light casual joking. However, they should know that racial and ethnic slurs, repeatedly teasing someone about a disability or continually asking an employee out on a date after being refused are part of the definition of harassment.
- The best anti-harassment policies encourage employees to act whenever they see or experience any instance of harassment so that these matters can be addressed and resolved before they become severe, court-actionable issues. They also lay out the procedure for asking questions, registering complaints or making allegations regarding harassment in the workplace. For example, some companies have human resources personnel as the front-line workers to handle these matters. If there are forms for initiating this process, the policy should state where they are located. Effective policies have multiple methods of reporting, in case a party to the behavior is in one of those in the reporting chain. In addition, many policies notify employees that reports of incidents and investigations go to the senior management of the company.
- Your policy also should state what the company will do when it receives word of harassment taking place in the workplace. For example, human resources may consult with a senior member of management as well as corporate counsel to determine what the next steps are. The major points of the investigation, including interviews, monitoring and corrective actions---such as probation, termination or training---should be outlined in the policy. The policy should also speak to whether and how these matters will be communicated to the employees involved, supervisors and the general staff, when appropriate. Much of it will remain confidential, and the complainant will remain anonymous, but pervasive matters may prompt the need for major shifts in the way employees work, so some communication may be necessary.
- Your employee harassment policy should inform employees of their right to seek the assistance of the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC has local field offices at which employees may file charges. Inform employees of the time limits that constrain how long they can wait to file. Some will have 180 calendar days while others will have 300 days, depending on local laws.
- Your policy should be written and well-disseminated. For example, place it in your employee handbooks and post it on the bulletin areas of break rooms and kitchens. Moreover, periodic training should be offered to keep employees informed of the policy's requirements. Management leaders of the company should make it clear that they are committed to providing an environment of cordiality and ensuring that employees are free to work without concerns for the security of their position.
Definitions
Reporting Mechanism
Investigation
Equal Employment Opportunity Commission
Visibility of Policy
Source...