Sexual harassment is a term that describes unwelcomed sexual advances, requests for sexual favors and/or other verbal or physical conduct of a sexual nature. With the recent focus on sexual harassment in the media, it is now more important than ever that employers take proactive measures to promote a sexual harassment free workplace and promptly respond to sexual harassment complaints. Any size employer can implement the following practices to prevent sexual harassment and minimize the extent of their exposure in the event an employee files a sexual harassment complaint.
- Draft a comprehensive sexual harassment policy which defines what sexual harassment is, conveys that sexual harassment will not be tolerated in the workplace and sets forth a detailed explanation for how an employee can make a complaint if they are the victim of or observe sexual harassment in the workplace. Employers should communicate this policy to all employees and should consider having each employee sign a document acknowledging receipt of this policy.
- Create a complaint procedure by which employees can confidentially report instances of sexual harassment without having the alleged harasser in the chain of reporting. Complainants should be informed that they have the right to be free from retaliation.
- Establish a process for promptly investigating and responding to all sexual harassment complaints. An objective investigator should be appointed to collect evidence and conduct confidential interviews of any employees involved and all witnesses. The investigator should thoroughly document the investigation and should maintain confidentiality to the extent practicable. Depending on the severity of the harassment, appropriate disciplinary action may include verbal counseling, warnings, suspensions or termination.
- Conduct mandatory annual trainings for all employees (including management and supervisors) specifically tailored to combat sexual harassment.
Should you have any questions regarding proactive measures you can take to prevent sexual harassment in your workplace or how to respond to a sexual harassment complaint please contact Lance H. Klein.
