Harassment: How do I deal with and document harassment in the workplace?

07/31/07

Question: Harassment: How do I deal with and document harassment in the workplace? Answer: Take a preventive stance. First step: Create a strong workplace harassment policy that states the company’s “zero tolerance” for harassment of any form - not just sexual harassment. This policy should include: 1) a definition of harassment; 2) examples of prohibited conduct; 3) the company's procedure for handling harassment complaints; 4) the responsibilities of those who are victims or witnesses to workplace harassment; 5) the role of managers in preventing and responding to harassment complaints; 6)an anti-retaliation statement.

Train managers and employees in the principles and practices of your policy separately. Why? Because each group has different responsibilities if harassment occurs. For example, managers need to be aware of the fact that the company could be held responsible for harassment that they commit, condone, tolerate, or fail to report, or for any acts of retaliation against employees who complain of harassment or participate in a harassment investigation. They can also be held personally liable under various legal theories for their actions if they engage in harassing behavior.

If you or anyone in the company becomes aware that harassment has occurred, start an investigation immediately or within forty-eight hours at the latest. Involve only those with a need to know, to ensure the confidentiality of all involved parties. Every step of the investigation should be thoroughly documented to protect the employer from legal claims. Follow up with the complainant and harasser as appropriate, and administer appropriate discipline.

There are many other considerations when faced with on-the-job harassment; the following products would therefore be extremely useful to you:
ComplyRight Harassment Prevention Kit
From Sex to Religion...And Everything In Between
Applicant Risk Profiler
Gradience Handbook Manager Peace at Work
Fast Answers for People Managers: Harassment