Creating a Safe and Inclusive Workplace: Preventing Sexual Harassment

In today’s evolving workplace landscape, fostering a safe and inclusive environment is paramount. Employees are humans and need to feel that they are safe. Employees spend most of their waking hours in the workplace.

One of the most critical aspects of this effort is ensuring that employees feel safe is to ensure sexual harassment is not tolerated. Failure to do so can cause a deep scar on an employee that has been the victim of sexual harassment for the rest of his or her life as well as legal liabilities toward the employer.

Employers have a crucial role to play in preventing and addressing sexual harassment to create a workplace where every employee can thrive. Please refer to our book Employing Humans. That addresses this matter more thoroughly. Below are strategies and steps that employers can take to keep their workplace free of sexual harassment:

Develop a Clear Anti-Harassment Policy

The foundation of a harassment-free workplace is a robust anti-harassment policy. This policy should be clear, comprehensive, and accessible to all employees. It should define what constitutes sexual harassment, outline reporting procedures, and emphasize the company’s commitment to creating a safe environment. It is important to regularly review and update the policy to reflect changing legal standards and best practices. 

It is also more important not just to develop the policy, but to abide by the policy. The policy itself and words alone will not save a company. The company must have a clear commitment to sexual harassment.

A good sexual harassment policy is one that has been thought out and tailored to the needs and circumstances of the business.

A bad sexual harassment policy is regrettably, one that most companies adopt today, that was drafted by an attorney but with little to no input from the company, or copied and pasted from another company handbook that gives little to no assurances or commitment to keeping the business a sexual harassment-free environment.

The failure to abide by the policy could also lead to legal liability. The failure to have a thought out policy that actually protects employees could also lead to legal liability. 

Educate and Train Employees

Employee training is an essential component of preventing sexual harassment. Conduct regular workshops and training sessions for all employees to educate them about what constitutes sexual harassment, how to prevent it, and what to do if they witness or experience it. Training should also include information about bystander intervention, which empowers employees to help prevent harassment when they see it.

The better the company policy and better commitment to the policy, the better training employees will receive on the policy. The more lax the policy is the less amount of training employees can receive on the policy. If employees don’t fully understand the policy, especially those that are charged to investigate any sexual harassment claim, the failure could also lead to legal liability as part of its duties to investigate and resolve sexual harassment claims.

Lead by Example

Leaders within an organization must set the tone when it comes to fostering a harassment-free workplace. They should model respectful behavior and prioritize inclusivity. Encourage open communication, and ensure that employees feel comfortable reporting incidents without fear of retaliation. When leaders take these actions seriously, it sends a clear message that harassment will not be tolerated at any level.

If a business just takes a stance that a sexual harassment policy is just a legal requirement and check box they have to follow without actually leading by example, then it could also lead to legal liability. A business could be found liable for encouraging and fostering sexual harassment if it is not properly policed.

A business could also be found liable for other situation regarding sexual harassment if they have ulterior motives in its investigation and disciplinary action that is more toward avoiding legal liability or protecting an employee it likes but know clearly violated the sexual harassment policies or being too harsh to make it look like it is following sexual harassment without a proper investigation.

Establish a Reporting System

Implementing a secure reporting system is crucial. Ensure that employees can report incidents of sexual harassment to a designated individual or department within the organization. Create multiple reporting channels, including anonymous options, to accommodate the diverse needs and comfort levels of employees. If there is not a proper system to report sexual harassment, including a supervisor that may have sexually harassed an employee that could lead to additional legal liability. 

Promptly Investigate and Address Complaints

When a complaint is made, it is essential to respond promptly and conduct a thorough investigation of sexual misconduct including sexual assault. Employers should take every report seriously and ensure that investigations are carried out impartially. It may be wise to hire a third party investigator to carry out any investigation to make it more impartial. This will help both sides see that the matter was taken seriously by the company and the process was more fair and impartial and lead to less legal claims down the road.

Also, if a company does an investigation internally, an internal investigator may not have the proper legal background to understand the law and how it applies and conduct a proper analysis based on the evidence, which can also lead to additional liability. An outside investigator will also better understand what type of disciplinary action would be appropriate for each circumstance.

Promote a Culture of Respect

Creating a culture of respect and inclusion should be an ongoing effort. It comes from understanding the basic needs of employees, one of which is understanding that employees need to feel safe. Encourage employees to respect one another’s boundaries and differences. Incorporate these values into your company’s mission and vision statements, and promote them throughout the organization. Every business is different and how to incorporate such a culture will vary.

Offer Support and Resources

Provide resources and support for employees who have experienced sexual harassment. This may include access to counseling services, legal assistance, or external support organizations. Ensure that employees are aware of these resources and feel comfortable using them. This will also help employees feel valued, respected, protected and safe from sexual harassment.

Regularly Assess and Improve Policies

Periodically evaluate the effectiveness of your anti-harassment policies and prevention efforts. Seek feedback from employees and make necessary adjustments to improve the workplace environment continually. Stay up-to-date with changes in laws and regulations related to sexual harassment and adjust your policies accordingly or based on circumstances that the company has experienced first hand.

Legal Compliance

Finally, ensure that your workplace policies and actions are in compliance with local, state, and federal laws regarding sexual harassment. This includes adhering to reporting and training requirements and responding appropriately to legal inquiries or investigations.

Preventing sexual harassment in the workplace is not only a legal requirement but also a moral obligation. Employers play a vital role in creating a safe and inclusive environment where all employees can thrive. By implementing clear policies, fostering a culture of respect, and taking proactive steps to prevent harassment, employers can ensure that their workplaces remain free of sexual harassment, thereby promoting a healthier and more productive work environment for everyone.

Contact our law firm on how we can help your business be more compliant with sexual harassment and resolve sexual harassment issues within your company.