Education to Avoid Liability for Sexual Harassment

 The following will help you put a program in place:

• Issue a strong policy against sexual harassment. 
  • Raise the issue of sexual harassment with employees.
  • Express strong disapproval of sexual conduct in the workplace.
  • Tell employees what to do if they are confronted with unwelcome sexual conduct.
  • Explain the disciplinary sanctions that will be applied to harassers.

• Make it easy to register harassment complaints.
  • Set up an internal company complaint procedure that encourages employees to come forward with allegations of sexual harassment.
  • Make all complaints confidential to the extent possible.
  • Reassure employees that no retaliation will be taken against anyone who comes forward with a complaint.

• Take every complaint seriously.
  • Do not assume that a complaint is not well founded.
  • Investigate every complaint.

• Communicate results to the employee.
  • Resolve the complaint to the satisfaction of all concerned, to the extent that is possible and reasonable.
  • If sexual harassment has occurred, let the employee who brought the complaint know what remedial action will be taken.
  • If management determines that the complaint cannot be resolved to the satisfaction of the employee who brought the complaint, it is important for the employee to understand that [Organization Name] took the appropriate steps and what those steps were.
  • Help the employee understand what is and what is not sexual harassment.
  • Be sure the employee feels secure about the immediate future.

• Assess compliance with the policy.
  • Use a periodic written survey to determine if:
    • Employees understand the policy.
    • Employees know what to do if sexual harassment occurs.
    • Employees understand what constitutes sexual harassment
    • Employees understand [Organization Name]'s attitude toward sexual harassment
    • Employees understand the disciplinary sanctions for sexual harassment 
  • Ask employees, in the survey, to assess the level of sexual harassment in their departments and throughout the company.
  • Use a similar survey as part of an exit interview--employees may be quitting due to unreported sexual harassment.

• Communicate the policy to employees on a regular basis.

• Train managers and supervisors to enforce the policy.

• Be vigilant in your efforts to prevent harassment.

Reprinted with permission. © CCH