If one of your employees makes a sexual harassment charge you know what's
next: one of the most difficult, frustrating and time consuming projects you
can face is now in your lap.
For a Limited Time receive a
FREE HR Report "Top 10 Best Practices in HR Management." This comprehensive special report will give you the information you need to know about these current HR challenges and how to most effectively manage them in your workplace.
Download NowDarlene Orlov, president of Orlov Resources for Business, and Michael Roumell,
a partner in the Chicago office of the law firm Ogletree, Deakins, Smith &
Polk are authors of What Every Manager Needs to Know about Sexual Harassment.
Here are some of the tips these professionals give to reduce the risk of such
a claim in your organization.
Train all employees
Some organizations want to limit training to managers and supervisors, but
this is short-sighted, said Roumell. It would be all right if most lawsuits
were "quid pro quo." However, he notes, since most cases are based
on "hostile environment," it is best to train all employees, including
interns and regular part-timers. Do not exempt top management. Executives must
set the example, says Roumell.
Other key elements
If someone doesn't show up, follow up. Make a plan for new employees.
Do refresher training at least annually.
You want to be able to say, we have trained all our employees.
What to cover in training
Dos and don'ts. Include what to do and what not to do. Don't
just give a lecture about hostile environment and quid pro quo.
Policy. Review your organization's sexual harassment policy.
Role plays or exercises. Include some experiential elements during the
training.
Complaint procedure. Be sure to spell out your procedure(s) clearly.
Special challenges. Cover special issues for your organization. For
example, if employees do a lot of client entertainment, discuss managing harassment
issues in that context.
E-mail. Make sure employees know that harassment can come from e-mail
and phone calls.
Managers' special responsibilities. Cover how to recognize and
respond to a complaint. Remember, says Roumell, the complaint doesn't have
to be a formal, "I am the victim of sexual harassment." It may be
just; "This behavior makes me uncomfortable."
Signoff. Have all participants sign a statement that they have gone
through the training, and understand their obligations.
Get feedback
Finally, Orlov recommends, be sure to talk to employees after the training.
Did they understand? Are they comfortable with how to carry out their responsibilities?
Top ten policy issues
Roumell lists the top ten elements of the best sexual harassment policies.
- Zero tolerance. Set the policy standard higher than the
legal standard.
- Examples. Give examples of what is appropriate and what
is not.
- Definition. Define sexual harassment.
- Duty to report. Make it the employee's responsibility
to report violations.
- Retaliation. Ensure that employees know that they will
not be retaliated against for reporting or participating in an investigation.
- Complaint procedure. Spell out the complaint options.
- Investigation procedure. Discuss your obligation to investigate
and the procedure you will use.
- Corrective action. Say that appropriate corrective action
will be taken promptly.
- Confidentiality. Promise that all information will be kept
as confidential as possible. Do not promise absolute confidentiality.
- Training. Discuss the requirement for training and the
policy of training all employees.