In an age where mixed-gender workplaces are the norm, every business faces the risk of claims related to sexual harassment, hostile work environment and discrimination. In this economy, tensions are high amongst workers that are dealing with financial problems and other personal crises and these issues can spill over into your workplace.  When they do, they can cause a multitude of complicated issues that unfortunately, you’re stuck with.  Can you really afford more complexity and stress right now?

Workplace sexual harassment and hostile work environment issues are more common than you think. Taking steps to establish an effective policy against harassment in your workplace is not only a critical step toward preventing such problems, but it is also a legal requirement for all businesses. There is some good news, however — it is a relatively simple process and can prevent time crushing, profit draining problems.

Legally Required?
If your business has even 1 employee, you are required to publish and  implement a formal harassment prevention policy. And if your business has more than 50 employees, you are also required to provide 2 hours of supervisors’ harassment prevention training every 2 years. For all businesses, it is highly recommended that you adopt a comprehensive harassment policy that addresses topics like Policy Enforcement, Complaint Procedure, External Reporting, Retaliation, etc.
First Step
You should first adopt an anti-harassment policy, communicate it in writing to your employees and have them sign a copy. The policy should include a zero-tolerance approach, a procedure for complaints and a full description with examples of what is considered unacceptable speech and behavior. Every employee should also receive a Sexual Harassment pamphlet (available from the CA Dept. of Fair Employment and Housing – DFEH), and a poster from the Department of Fair Employment and Housing should be visible to all employees. (This could be included in a “all-in-one” Employment Law Poster.)

Train Supervisors
Employers over 50 are required under the law to provide sexual harassment training to their supervisors according to specific regulations that calls for 2 hours of interactive training. For businesses under 50, it is still recommended that you train your supervisors to handle workplace situations involving sexual harassment and discrimination. All employees should be notified of the company’s policy on harassment and should acknowledge their receipt and understanding of the policy.

Response to Claims
The key to protecting a business from problems associated with sexual harassment and discrimination is to respond immediately to complaints or as soon as you are aware that there is, or may be, a problem. You must quickly and thoroughly investigate without bias, any complaints in order to determine what is actually happening, who is involved, who has witnessed the incident(s) and what steps are necessary to correct the problem. The response an employer provides can make the difference between being dragged into court and diffusing the situation without undue harm to the business and the individuals involved. Get it all in writing!

Seek help for complicated situations, any misstep can land you in court!

Follow-up
Do not expect that establishing a policy up front will continue to be effective for the long haul. At least annually, provide refresher training in company meetings and be sure to have every employee sign an acknowledgment of his/her participation. Preventing harassment, and other employment-related problems, is part of the cost of having employees so don’t think you can make the excuse that you did not have the time or the funds to handle it. The Government and the plaintiff’s attorneys will not have concern for your difficulties.

The steps outlined above are only a basic guide to establishing an effective harassment policy in your workplace. This is not meant to be a complete description of all the steps you should take. Seek professional assistance to be sure your business complies with the law. Contact Champion at (800) 513-2153 for complete assistance.

The more effective you are at controlling your human capital, the more profitable your business will be.