Workplace Harassment Policies - What You Need to Know

Organizations establish workplace abuse and harassment policies to prevent inappropriate behavior and set guidelines and procedures to stop the behavior if it occurs. Harassment becomes illegal when it creates a work environment that a reasonable employee would not tolerate. Equal opportunity laws such as the Civil Rights Act, Americans with Disabilities Act, and the Age Discrimination Act prohibit harassment, abuse, and discrimination in the workplace. These laws are the foundation of most workplace abuse and harassment policies. Small businesses should carefully consider what policies they need to put in place to help limit potential liability and comply with laws.

What are Abuse and Harassment Policies?

Abuse and harassment policies are in place to educate employees about abusive and inappropriate behavior. These policies define what is considered workplace harassment, prohibited conduct, and the specific types of behavior that violate the policies. They also outline the consequences for engaging in harassing and abusive activities as well as complaint procedures. Abuse and harassment policies apply to managers and supervisors, employees, co-workers, and nonemployees.

Types of Harassment

Several types of behaviors exist that constitute abuse and harassment in the workplace. Employment policies prohibit harassment of a sexual nature such as unwanted sexual advances, physical conduct of a sexual nature, and requests for sexual favors. Unwanted verbal, written, or physical abuse that shows hostility based on a person's race, gender, sexual orientation, gender identity, or disability status is also considered harassment.

Abusive behavior creates a hostile work environment for the victim. Abusive behavior includes but is not limited to hostile physical conduct, intimidating aversions towards others, and unwelcome comments that create an offensive work environment.

Employer Liability

Despite having abuse and harassment policies in place, employers may be liable for the inappropriate behaviors of workers. Employers are liable for harassment when a manager or supervisor's inappropriate behavior results in an adverse employment action such as a decrease in wages or termination. Employers who fail to prevent or at least make an attempt to prevent harassing behavior are also liable. Employers who are made aware of harassing or abusive behavior and take the necessary steps to correct the situation may be released from liability unless the victim can prove otherwise.

Prevention

One of the primary purposes of abuse and harassment policies is to prevent abuse and harassment from happening. Employers can help prevent harassment in the workplace by clearly communicating the consequences of unwelcome harassing conduct and providing training and education to managers and employees. Workers can help prevent harassment by taking advantage of educational opportunities provided by the employer

Developing a Workplace Anti-harassment Policy

Adopting an anti-harassment policy can foster an environment of respect for human rights and helps people in the organization understand their rights and responsibilities. Policies can protect an organization from discrimination complaints. It is also the right thing to do!

Tips for Developing Anti-harassment Policies

• Step 1- Determine who in your organization will be responsible for making decisions related to this policy. All of the people designated to make decisions related to this policy should have training about harassment and its related concepts.
• Step 2 – It’s also important to develop a set of procedures for harassment complaints so that supervisors and employees are aware of the steps that will be taken if an employee makes a harassment complaint. Make sure there is a process to document complaints and the response taken to complaints.
• Step 3 - Educate supervisors and employees about harassment concepts, and their roles and responsibilities according to your organization’s anti-harassment policy.

Anti-harassment Policy and Procedures Suggestions

Policies and procedures come in different shapes and sizes depending on the specifics and it’s not a one size fits all situation, businesses should develop policies and procedures that are crafted specifically for their company, culture, and business. Here are some common policies and procedures covered in anti-harassment policies.

• Policy Statement, let workers, employees, and third parties know your business is committed to fostering a harassment-free workplace where everyone is treated with respect and dignity.
• Let employees know what type of harassment they are protected from, especially any harassment based on race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity, marital status, family status, or disability.
• Be clear harassment isn’t tolerated. Individuals who are found to have harassed another individual may be subject to disciplinary action.
  • This includes any employee who:
    • interferes with the resolution of a harassment complaint;
    • retaliates against an individual for filing a harassment complaint; or
    • files an unfounded harassment complaint intended to cause harm.
  • Make it clear who the policy applies to, typically, at a minimum it covers all current employees, including full and part-time, contract and temporary workers, job applicants, and may apply to other 3^rd parties who are associated with the business.

Defining Harassment

Harassment comes in different shapes and sizes. It’s important for a business to set the expectations clearly in anti-harassment policies. Explain what harassment is, how to recognize it, and define it. Communication is key with these policies; you’ll want people to be able to avoid harassment and recognize it when it’s happening. Here are a few examples of how you could define and explain harassment in a workplace policy:

• Harassment is:
  • Offending or humiliating someone physically or verbally;
  • Threatening or intimidating someone; or
  • Making unwelcome jokes or comments about someone’s race, national or ethnic origin, color, religion, age, sex, sexual orientation, marital status, family status, disability, or pardoned conviction.
• Sexual harassment is:
  • Offensive or humiliating behavior that is related to a person’s sex;
  • Behavior of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment; or
  • Behavior of a sexual nature that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities.

Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

• Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
• Nonverbal sexual harassment includes the distribution, display, or discussion of any written or graphic material, including calendars, posters, and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters, notes, facsimiles, e-mails, photos, text messages, tweets, and Internet postings; or other forms of communication that are sexual in nature and offensive.
• Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual intercourse or assault.

Anti-harassment policies and procedures are extremely important in helping businesses limit liability as well as fostering a productive and safe work culture and environment. This is a brief overview of a small part of what’s typically included in business workplace policies. Business owners should carefully consider how to develop and implement policies to help benefit their employees and business in general.

Have questions about workplace anti-harassment policies or workplace policies in general? Contact us to schedule a free consultation.