Author Archives: Stephanie

Tattoos in the Workplace: To Allow or Not to Allow?

October 4, 2022
October 4, 2022

Are tattoos in the workplace still taboo? A 2015 Harris Poll reported that almost half of American millennials have tattoos. The survey also found that only 36% of Generation X and 13% of Baby Boomers have ink.

With millennials leading the inked pack, body art is quite a hot topic for employers. After all, the generation makes up 25% of the population and 30% of the workforce, according to Pew.

So, does it still affect employment opportunities and earnings? The jury seems to be out.

One 2018 study by professors at the University of Miami and the University of Western Australia found that tattoos do not impact hiring decisions or wages. Around the same time, Indiana University Health announced a new policy allowing nurses to have tattoos. Healthcare has historically been one of the stricter industries regarding visible body art.

On the other hand, another 2018 study by Colorado State University and California State University found employment discrimination against individuals with almost any type of tattoo or body piercing! This included both hiring and wage bias.

That said, what’s an employer to do? There are currently no employment laws regarding discrimination based on visible body art and piercings. Employers can legally refuse to hire or fire people for displaying visible tattoos.

But this doesn’t mean there are no consequences one way or the other. What makes the most sense for your business? What could you lose by allowing or prohibiting tattoos in the workplace? Do you need a tattoo policy, and if so, what should it include? We’re discussing all of this below.

Developing a Workplace Tattoo Policy

If you plan to implement a workplace tattoo policy, you must first consider your industry, clients, brand, and core values. Ask yourself and your leadership team: 

  • How are tattoos perceived in your industry (e.g., partners and clients)?
  • Will it impact your business?
  • Will it affect the employee’s success?
  • Do you NEED a tattoo policy as part of your dress code?

Keep the policy language neutral, and don’t speak negatively about tattoos and those who have them. Stick to the issue without making value judgments about body art and piercings. 

Below are a few more areas to consider as you write your organization’s tattoo policy.

Tattoo Location

When it comes to tattoos in the workplace, those on the face/head, neck, and hands are still iffy. Body art in these very noticeable areas is often associated with prison ink and gang activity. Perhaps that’s why six in ten employers would not hire someone with facial tattoos. 

Maybe visible tattoos are acceptable as long as they’re not on one or a combination of the face, head, neck, or hands. Or maybe you don’t want visible tattoos at all. Either way, be specific and consistent in your tattoo policy.

Employee Role

A company’s policy on tattoos in the workplace often depends on the industry and type of job. For example, a high-end restaurant may not want the manager to be heavily inked on their heads, necks, and hands. But this may not be as much of a concern for the dishwasher, who primarily works in the kitchen and has little to no interaction with guests.

Consider whether your policy should include specific rules for customer-facing and non-customer-facing positions.

Religious & Gender Discrimination Concerns

Employers should also beware of gender and religious issues related to tattoos. Ensure managers don’t have adverse reactions to women with body art but not men—this could lead to a sexual discrimination suit if a candidate’s tattoo plays a role in the hiring decision.

And what about religious tattoos? Can you have employees cover them up? 

You might need to make an exception to your “no visible tattoos” policy if an employee’s tattoo is based on a sincerely held religious belief or practice that prohibits the employee from covering the tattoo up. In this case, you’d have to provide reasonable accommodation. It’s best to ask the employee about the tattoo and confirm whether there is a religious reason that prevents them from covering it. 

To avoid tattoo discrimination claims:

  • Include HR in the workplace tattoo policy creation to ensure it is compliant. 
  • Train managers to loop in HR if an issue arises related to body art.
  • Include the policy in your employee handbook for all team members to read and sign.
  • Enforce it consistently to avoid discrimination claims.

Your rules on tattoos will depend on your company culture and attitude toward them, along with recruiting and retention challenges. Is it worth potentially turning away candidates or losing great employees? Keep in mind what is best for your employees and clientele.

This is why you should also weigh the pros and cons of allowing tattoos in the workplace.

Pros of Allowing Tattoos in the Workplace

Supporting self-expression and cultural diversity

Permitting tattoos in the workplace encourages employees to be themselves and show pieces of who they are, including their interests, values, and beliefs. When your team members can express themselves freely, they’ll feel more valued.

Additionally, many people have tattoos that are a part of or reflect their culture. Allowing visible tattoos at work promotes diversity and inclusion, bringing in unique perspectives and backgrounds by creating a welcoming, accepting environment for more people.

Conveying creativity

Show the rest of the world—including potential employees, customers, partners, and stakeholders—that you promote a creative environment! This is a great way to invite other creatives to join your team who can bring a great deal to the table, especially in fields like interior design, architecture, and culinary arts.

Allowing tattoos in the workplace can also attract customers looking for a company that values aesthetics, creativity, and self-expression. It’s a powerful way to find clients aligned with your brand.

Sparking connections and friendships

Additionally, colleagues can bond over tattoos and their interests and stories. Body art can help spark intriguing discussions that may not have occurred without the unique conversation starter. It’s another way for employees to connect and can lead to more productive, positive work relationships.

Growing a talented team

As mentioned above, closing your company off to employees with body art can severely shrink your talent pool and mean you’re missing out on unique perspectives and skill sets! More people than ever have tattoos, especially the younger generations now entering the workforce. By accepting tattoos, you’ll attract many more potential hires.

Avoiding potential discrimination claims

Many states protect religious practices. Several religions’ practices involve body piercing, particularly on the nose and ears, and tattoos. An overly strict dress code that prohibits all tattoos and piercings could get an employer in hot water if they violate Title VII of the Civil Rights Act or their state’s nondiscrimination laws.

When you allow tattoos in the workplace and set reasonable rules, your business will avoid potential discrimination litigation.

Cons of Allowing Tattoos in the Workplace

Rubbing clients the wrong way

Depending on your ideal client’s beliefs and preferences, they may be turned off by employees with tattoos. However, before establishing a tattoo policy, you should consider your entire customer base—not just the minority who might dislike tattoos.

Creating distractions

Depending on your industry, visible tattoos at work may be too casual or cause distractions. They might even distract employees from their work, particularly those who come from more conservative or traditional backgrounds and are uncomfortable with tattoos. On the other hand, if individuals are highly interested in body art, they may spend extra time discussing each other’s tattoos.

But between social media, internet access, and everyday social interactions at the office, tattoos are probably the least of your worries when it comes to distractions.

Risking offensive tattoos

Unfortunately, when you allow tattoos in the workplace, you risk an employee showing up with an offensive or inappropriate design or message in their body art. The best way to combat this is a clear dress code and tattoo policy prohibiting demeaning images and profanity. 

Tattoos in the Workplace: What’s Right for Your Business?

Keep your core values in mind when deciding if you’ll allow tattoos in the workplace and the specifics around your policy. What is best for your team and your existing and prospective clients? This will guide your leadership in developing a fair and consistent policy.

If you need help creating a reasonable and compliant dress code that includes policies on body art, or you need help with any other handbook and policy creation, check out our HR projects and training services. Or, contact BlueLion today at info@bluelionllc.com or 603-818-4131!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

What are State-Mandated Retirement Plans + Which States Have Them?

September 27, 2022
September 27, 2022

Did you know the average working household has virtually no retirement savings? Additionally, only four in 10 businesses with fewer than 100 employees offer retirement benefits. The mounting issue has led to many states instituting state-mandated retirement plans.

While a retirement plan is essential to every employer’s benefits package, it is not always easy and affordable for small businesses and nonprofits to administer. State-mandated retirement plans are a simple, cost-effective (typically free) solution for employers. They are intended for low to moderate-income workers of small to mid-sized private businesses to lower the retirement savings gap.

So, what are these state-sponsored plans? How do they differ from employer-sponsored plans? Are retirement plans mandatory everywhere? We’re explaining everything you need to know and the latest regulations from state to state below.

What are state-mandated retirement plans?

A growing number of states are requiring employers to provide employees with retirement benefits through what is known as state-mandated retirement plans. These are typically free for employers to enroll in; they will only be responsible for the time to enroll and manage contributions every pay period.

State-mandated retirement benefits usually apply to private employers who do not already offer another qualifying retirement plan to employees. 

Employees can choose to enroll or opt out of the plan. They can also decide how much they’d like to contribute each pay period.

State-mandated retirement plans are usually Roth IRAs, meaning the employee’s contributions are deducted post-tax, so their money is tax-free at the time of withdrawal. With traditional IRAs and 401(k)s, withholdings are deducted pre-tax, meaning participants are taxed when they withdraw funds.

Note that in states that sponsor Roth IRAs, employees must not earn more than the IRS maximum to be eligible.

How will it affect my business?

State-mandated retirement plan requirements vary from state to state. Generally, they are determined by how long you’ve been in business and how many employees you have. A few states offer voluntary retirement plans.

Covered employers can choose to enroll in a state-sponsored retirement program OR provide their own private plan by another benefits company. In most cases, employers are not allowed to contribute a match. Many states also penalize businesses that don’t comply or miss enrollment deadlines.

What’s the difference between state-mandated retirement plans and employer-sponsored retirement plans?

The state-mandated retirement plans are easy and free for employers to enroll in. You simply need to administer employee deductions. However, they don’t offer many options as employer-sponsored plans.

Retirement benefits through the private marketplace usually allow employers to offer better options, helping to make them more attractive to potential candidates. For example, you might choose a plan that provides vesting and employee loans. Or maybe, you want to offer a matching contribution. You can also receive business tax benefits for those matching contributions and credit for program fees.

Plus, IRAs have lower maximum contributions than 401(k)s. In 2022, those under 50 may contribute up to $6,000, and those 50 or over may contribute an additional $1,000 yearly. Meanwhile, 401(k) participants can contribute up to $20,500 annually, which will appeal to employees who want to maximize their retirement savings. 

What states mandate retirement plans?

While several states have active state-mandated retirement plans, others are still in the works. And several that are active are being implemented in phases. Check state and local laws regularly to ensure compliance with mandated retirement benefits.

Note that the state-sponsored retirement plans listed below are required unless otherwise noted as voluntary.

California

  • Program: CalSavers
  • Type of Retirement Plan: Roth IRA
  • Status: Active
  • Who is covered: Private employers with 5 or more employees that don’t offer another qualified retirement plan

Connecticut

  • Program: MyCTSavings
  • Type of Retirement Plan: Roth IRA
  • Status: Active (still being fully implemented)
  • Who is Covered: Private employers with 5 or more employees that don’t offer another qualified retirement plan

Colorado

  • Program: Colorado SecureSavings
  • Type of Retirement Plan: Roth IRA
  • Status: Pilot expected 2022; program begins 2023
  • Who is Covered: All employers with 5 or more employees that have been in business for at least 2 years and don’t offer another qualified retirement plan

Illinois

  • Program: Illinois Secure Choice
  • Type of Retirement Plan: Roth IRA
  • Status: Active
  • Who is Covered: All employers with 5 or more employees that have been in business for at least 2 years and don’t offer another qualified retirement plan

Maine

  • Program: Maine Retirement Savings Program
  • Type of Retirement Plan: Roth IRA
  • Status: Phase 1 begins April 2023
  • Who is Covered: Private employers with 5 or more employees that have been in business for at least 2 years and don’t offer another qualified retirement plan

Maryland

  • Program: MarylandSaves
  • Type of Retirement Plan: Roth IRA
  • Status: Active
  • Who is Covered: All employers with 1 or more employees that have been in business for at least 2 years and don’t offer another qualified retirement plan

Massachusetts

  • Program: CORE Plan for Nonprofits
  • Type of Retirement Plan: Tax-deferred and post-tax 401(k)
  • Status: Active
  • Who is Covered: Voluntary for nonprofits with 20 or fewer employees (must have payroll administered by an eligible third party)

New Jersey

  • Program: Secure Choice Savings Program
  • Type of Retirement Plan: Roth IRA
  • Status: Implementation TBD
  • Who is Covered: Non- and for-profit employers that have been in business for at least 2 years, have 25 or more employees, and have not offered a qualified retirement plan in the past 2 years

New Mexico

  • Program: Work and Save Act
  • Type of Retirement Plan: Roth IRA
  • Status: Implementation expected July 2024
  • Who is Covered: Voluntary for private and nonprofit employers

New York

  • Program: New York State Secure Choice Savings Program
  • Type of Retirement Plan: Roth IRA
  • Status: Active as of late 2021, not yet operational
  • Who is Covered: Private employers who have employed at least 10 NY employees during the previous calendar year and have been in business for at least 2 years

Oregon

  • Program: OregonSaves
  • Type of Retirement Plan: Roth IRA
  • Status: Active
  • Who is Covered: All employers with 4 or fewer employees that don’t offer another qualified retirement plan

Vermont

  • Program: Green Mountain Secure Retirement Plan
  • Type of Retirement Plan: Multiple Employer Plan (MEP)
  • Status: Implementation TBD
  • Who is Covered: Voluntary for employers with 50 or fewer employees

Virginia

  • Program: RetirePath Virginia
  • Type of Retirement Plan: Roth IRA
  • Status: Implementation expected July 2023
  • Who is Covered: Private employers with 25 or more employees that have been in business for at least 2 years and don’t offer another qualified retirement plan

How can I comply with retirement benefit mandates?

While state-mandated retirement plans haven’t been established in every state, it’s best to stay on top of your local laws, as things are constantly changing. As noted above, many states are in the process of implementing required retirement benefits.

If you are in a state with a retirement plan mandate and the compliance date is approaching, you should enroll to be safe. You can then choose to research other retirement plan options and find one that best fits your business. 

Either way, providing some form of retirement benefits is becoming a must for most companies in this employee-favored job market. Candidates are searching for a workplace that prioritizes their work-life balance and well-being, and part of that includes helping them plan for the future. Offering a 401(k), IRA, or combination will make your business stand out in this competitive landscape.

Do you need help implementing a retirement plan for your small business? Or do you have questions about state-mandated retirement plans? Contact BlueLion today at 603-818-4131 or info@bluelionllc.com, and we’ll be happy to walk you through it! You can also check out our HR projects and training services to learn more about what we offer.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

What is Paid Family and Medical Leave (PFML) + Which States Offer It?

September 21, 2022
September 21, 2022

Did you know the United States is one of the only developed countries in the world that doesn’t offer a nationwide paid family and medical leave (PFML) or parental leave law?

The Family and Medical Leave Act (FMLA) federally mandates and provides up to 12 weeks of job-protected leave for specific family and medical reasons. However, FMLA time is unpaid, making it challenging for employees to take time off for critical needs like the birth of a new child, medical crisis, or caring for an ill family member. 

Studies show that sufficient parental leave can help prevent depression and stress in new parents, lower the rate of infant and young child mortality, and encourage parental bonding. Plus, it helps with child development.

Unfortunately, since FMLA is unpaid, many people take less time off than they need or want to simply because they can’t afford it. Therefore, a growing number of states are introducing their own paid family and medical leave laws. 

But these laws vary significantly from state to state, and it can be tough to keep up! That’s why we’re answering:

  • What is PFML?
  • Who pays for PFML?
  • What the heck is the difference between PFML, FMLA, and sick leave?
  • Which states have PFML laws?

By the end, you’ll have the information and resources to understand how PFML could affect your business and what you need to do to remain compliant.

What is paid family and medical leave (PFML)?

Referred to as paid family and medical leave (PFML) or paid family leave (PFL), this state-mandated law provides employees with paid family and medical leave.

While family and medical leave each fall under one law in most states (with some exceptions), they are defined as: 

  • Paid family leave: Time off for an employee to bond with a new child or care for ill family members
  • Paid medical leave: Time off for an employee to care for their own serious illness

Many new parents use PFML in place of parental leave since the United States does not have a federal requirement, and many employers don’t yet offer a specific parental leave policy. 

Although PFML allows time off to care for a new child, it does not always apply to pregnancy. A pregnant employee who needs time off typically needs to use a combination of sick days, vacation time, holiday time, personal days, short-term disability coverage, and/or unpaid family leave. It all depends on their employer’s PTO policies.

Who pays for PFML?

This is another specific requirement that varies by state law. Your state may require employees, employers, or both to contribute to a paid leave fund. Employees in states with PFML laws receive wages when they take time off for eligible reasons.

If your state or local PFML law requires employees and/or employers to contribute to a fund, you must deduct a percentage from eligible workers’ wages toward the fund. These are post-tax deductions, meaning you must withhold taxes from employees’ pay before deducting state premiums.

PFML, FMLA & Sick Leave: What’s the Difference?

There are many different leave laws, especially when broken down by state. Here’s a quick refresher of the difference between the types of leave.

Family and Medical Leave Act (FMLA)

The federally mandated FMLA requires businesses with 50 or more employees to provide unpaid leave. It applies to qualifying businesses in all states, including private employers, public agencies, and private or public elementary/secondary schools. Eligible employees can take up to 26 work weeks of leave in one 12-month period.

FMLA covers time off for: 

  • The birth, adoption, or foster care placement of a child
  • The care of a spouse, child, or parent with a severe health condition
  • A serious personal health condition that prevents an employee from doing their job
  • A situation that requires attention because of the military deployment of a spouse, child, or parent

Because it is unpaid, there are no payroll deductions with FMLA leave. It also guarantees that employees will have their jobs when their leave ends.

Paid Sick Leave

Sick leave typically refers to short-term time off for health needs and preventive care. Some states and jurisdictions have specific paid sick leave laws. 

For example, the Massachusetts sick leave law includes specific requirements regarding cap and rollover allowances, employer and employee notice requirements, documentation practices, and more. Other states with paid sick leave laws include California, Connecticut, Oregon, and Vermont. Each of these also has a PFML law except Vermont. 

Learn more about effective paid leave policies.

What states have PFML programs?

As more states institute PFML programs and requirements, employers must be careful to keep up with those that apply to them. States with paid family leave currently include: 

  1. California
  2. Colorado (effective 2023, available to employees 2024)
  3. Connecticut
  4. Washington D.C.
  5. Delaware (effective 2025, available to employees 2026)
  6. Maryland (effective 2023, available to employees 2025)
  7. Massachusetts
  8. New Hampshire (voluntary program coming January 1, 2023)
  9. New Jersey
  10. New York
  11. Oregon (effective 2023)
  12. Rhode Island
  13. Washington

Select cities, such as San Francisco, also have specific PFML laws. Then there are states with individual policies, like Vermont with its unpaid family leave law which covers more employers than the FMLA, and New Hampshire’s voluntary paid family leave starting next year. 

Each PFML law varies regarding:

  • Eligible reasons for paid leave
  • Length of paid leave
  • Who pays—employees, employers, or both
  • Covered employer size (e.g., 50 or more employees)
  • Qualifying employees
  • Required contribution percentage
  • PFML benefit amount (could be a percentage of the employee’s weekly salary, rate pertinent to the state minimum wage, and/or include a maximum weekly benefit)

For example, the Massachusetts PFML law lists specific leave allowances depending on the reason, along with many other particular rules.

Employers should post a notice of their PFML policy and state or local requirements in their workplace, along with their other labor law posters. It should also be in the employee handbook with all other company policies.

Know Your PFML Laws

With so many PFML laws in flux and states regularly expanding their rules, employers must stay updated on requirements that apply to their business. 

You’ll also want to pay attention to laws as your company grows—if you reach a certain size, you may need to start providing PFML. This means you may need to create a fund, budget for employer contributions, and ensure you have systems in place to manage those contributions. 

Do you need an audit of your PFML policy? Or are you putting a new PFML program in place? Whether you want to verify your organization’s compliance or you’re ready to level up employee benefits, BlueLion can help! Learn more about our outsourced HR services or contact us today at 603-818-4131 or info@bluelionllc.com. 

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

What Is the CROWN Act? Everything Employers Need to Know

September 13, 2022
September 13, 2022

Over the last few years, you’ve likely heard of the CROWN Act. The appropriate acronym, CROWN, stands for “Create a Respectful and Open World for Natural Hair.” The law addresses hair grooming policies in workplaces and schools to prevent hair discrimination.

Black people have faced discrimination against natural hairstyles and textures for generations. In fact, the CROWN Act reports that: 

  • Black women are 1.5 times more likely to be sent home from work because of their hair.
  • 80% of Black women feel the need to alter their hair from its natural state to fit in an office environment.

As many states and cities adopt the CROWN Act, employers must stay updated and ensure their grooming and dress policies are compliant. This blog post breaks down this law, what it covers, and how to create a workplace accepting of natural hair. 

What is the CROWN Act?

The CROWN Act was initiated by Dove, the National Urban League, and several other organizations and originally went into effect on January 1, 2020, in California. It prohibits discrimination against employees based on hair textures and styles associated with race and national origin. Many individual state and city CROWN Laws specifically mention and protect: 

  • Afros
  • Bantu knots
  • Locs
  • Braids
  • Cornrows

Simply put, the law prevents workplace policies that prohibit these hairstyles and others historically associated with race.

To commemorate the inaugural signing of the first CROWN Act legislation, National CROWN Day is now celebrated on July 3rd every year. Dove and the CROWN Coalition collaborate to host festivities, events, and awards ceremonies spread the word and mission.

Is it a federal law?

While not yet a federal law, Congress passed the CROWN Act on May 18, 2022. It currently sits with the Senate, where it needs at least 51 of 100 Senate votes to pass. 

From there, it would move on to President Biden, who will have the final choice to veto or sign it into law. If passed, the CROWN Act would make natural hair discrimination federally illegal. The Biden Administration “strongly supports” the bill, and Vice President Kamala Harris will get the tie-breaking vote if necessary.

The federal bill bans discrimination based on hairstyle or texture “if that hair texture or that hairstyle is commonly associated with a particular race or national origin.” It specifically notes the following hairstyles predominantly worn by Black men and women:

  • Afros
  • Bantu knots
  • Braids
  • Cornrows
  • Dreadlocks
  • Twists

What about state CROWN Acts?

As of September 2022, 19 states have passed the CROWN Act, with legislation in the works in many other states. Additionally, a growing list of cities have instituted their own CROWN Acts.

Visit the official CROWN Act site to find out which states and cities have adopted the law. Employers should also check with their state and local governments for specific anti-discrimination regulations and details.

Creating Inclusive Policies Compliant with the CROWN Act

As the issue of natural hair discrimination becomes more prominent, and the CROWN Act quickly gains steam, employers must be wary of their dress code and grooming policies to remain compliant. 

As an employer, you can: 

  • Set grooming and dress standards for safety purposes
  • Require employees adhere to reasonable dress and grooming standards relative to your business

To ensure compliance with the state and/or city CROWN Act, employers should first review their dress code and grooming policies by:

  • Eliminating references to expressly prohibited hairstyles
  • Applying policies equally to all employees, regardless of race
  • Training employees on appearance policies
  • Incorporating progressive punishments for appearance policy violations

Additionally, companies should train leaders on:

  • Compliance and the history and meaning behind the legislation
  • Changes to the policies and how to handle appearance policy violations sensitively
  • Avoiding comments on an applicant’s appearance during the hiring process
  • Appropriate vs. inappropriate interview questions and comments

You might also consider providing unconscious bias training as part of your diversity, equity, and inclusion (DEI) training program.

The most important tip to remember as you develop or update your appearance and grooming policies: Don’t make them too detailed! This is where many employers get themselves in trouble with anti-discrimination law violations—whether intentional or not. 

For example, avoid listing specific hairstyles if long hair presents a safety hazard in the workplace. Instead, keep it simple by stating that hair must be shorter than a particular length or secured at all times.

If you need guidance as you review your employee policies to create an inclusive work environment, contact BlueLion at 603-818-4131 or info@bluelionllc.com today! Our experienced HR consultants will ensure you remain compliant while building a welcoming, healthy work culture. 

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

6 Tips to Conduct Effective Diversity, Equity & Inclusion Training

September 6, 2022
September 6, 2022

Although diversity, equity, and inclusion (DEI) is becoming a much higher priority for many organizations, all kinds of inadequate DEI training remain. While missing the mark in this sensitive area can subject your company to risk, it’s also easy to avoid making mistakes by following some simple rules. 

First, your entire team—from C-level leaders to the newest entry-level hires—must understand what DEI is and why it matters. It’s also vital to get buy-in from your leadership, who must set a positive example for everyone else.

Below, we explore: 

  • The definition of diversity, equity, and inclusion
  • How it benefits your employees and overall business
  • Six tips for developing effective DEI training

What is Diversity, Equity, and Inclusion?

Diversity recognizes how individuals of a specific group differ based on their identities and life experiences. Our identities may vary based on:

  • Race
  • Gender
  • Age
  • Sexual orientation
  • Nationality
  • Religious/spiritual beliefs
  • Disabilities
  • Socioeconomic status

Diversity training creates awareness of our differences and equips us to overcome our unconscious biases.

Equity acknowledges that our identities impact our opportunities, and some of us have more access than others. It defines how we address diversity and the steps to provide more opportunities to marginalized groups who have historically faced more barriers. Note that equity differs from equality, which focuses on giving equal resources and opportunities to all but doesn’t necessarily close the gaps for those with significantly less.

Inclusion, also known as belonging, refers to the steps we take to make everyone feel welcome, supported, and respected. This is about creating a safe, compassionate work environment for all individuals and groups regardless of their identities and circumstances.

DEI practices apply to employees, customers, and stakeholders. These initiatives include:

Why is DEI Training Important?

DEI training and initiatives create a safe, respectful, and welcoming culture for employees, customers, and all stakeholders. It also fosters empathy for one another and our different backgrounds and identities.

By addressing crucial topics like anti-harassment and discrimination, unconscious bias, microaggressions, and implicit biases, DEI training teaches us how these issues can affect our workplace. It also gives us the tools we need to overcome these biases and become allies for one another.

Not to mention, DEI training is a wise investment because it:

  • Results in a more diverse workforce, which brings more ideas, innovation, and perspectives to the table
  • Improves employee retention, morale, and experience
  • Leads to a happier, more productive workforce—which helps your company’s bottom line

6 Tips to Ensure Your DEI Training Makes an Impact

1. One-size-fits-all training doesn’t exist.

The most effective DEI training programs are customized to meet your organization’s unique needs. Whether your internal HR team handles it or you outsource this function to an HR consulting firm, they should adjust your training based on the needs of your:

  • Organization
  • Audience
  • Budget

An essential piece of this is matching the tone, style, and content of your training to match your audience. For example, if you’re training employees who are newer on their jobs or have been working in their positions for less than six months, you might want to use more humor and fun stories than if you were conducting a training for more senior-level staff.

Each workshop or session should focus on a specific topic, such as harassment training, cultural diversity, generational diversity, migroaggressions, and inclusive hiring practices. Addressing issues relevant to your team will resonate much better with them than holding a broad DEI training that attempts to cover too many topics in a short time.

2. The goals and size of your company matter.

When determining what kind of DEI training will be most relevant and impactful to your team, your leadership and HR team should ask:

  • What is the purpose of our DEI training?
  • How much time do we have to devote to it?
  • What level of diversity does the company have? 
  • Do we have any DEI-related policies in place? If so, which ones?
  • What behaviors do we want our managers and employees to engage in regularly? 
  • What behaviors are causing problems at work that need to be changed?
  • What would make us more diverse as an organization (e.g., gender diversity)? How can we achieve this goal efficiently while also maintaining quality control standards?

Before you develop DEI training, it is essential to know what behaviors are causing problems and how those behaviors negatively impact individuals. Identify the behaviors you want to change through your DEI training by including examples of the conduct in question and explaining why those behaviors are problematic. The more specific you can be about what needs improvement, the better off everyone will be when the training process is complete.

When setting goals for your DEI efforts, ensure they include measurable benchmarks so everyone knows exactly what needs to happen before they can work toward doing it. If possible, try creating a timeline with milestones along the way so employees have something tangible to track their progress against while they’re learning new ways of working together (this could also help ensure internal accountability).

3. Address the elephant in the room right up front.

It’s important to address any concerns about DEI training before you begin. You or your HR team can ask for feedback on what participants hope to get from the session and how they’d like it structured. 

Suppose you’re unclear about your intentions or what outcomes you hope to achieve with this training program. In that case, people may feel uncomfortable or confused during all stages of your presentation—and it could undermine the effectiveness of everything else that follows!

4. Make sure it’s interactive and engaging.

The best way to ensure your DEI training is effective is by making it interactive. This means that participants should be actively involved in the training and feel engaged and interested in the material. They’ll get more from the lesson and be better equipped to carry out their work duties with a strong understanding of diversity, equity, and inclusion.

To encourage active participation, the trainer should prompt questions from participants throughout the session. This can be done through polling before the training, where you can ask questions anonymously (if preferred).

When addressing behavior, it’s best not to lecture, read aloud or hand out documents. Instead, engage participants in active learning by doing. DEI training tools can include the following:

  • Games, activities, and exercises that require your audience to engage with one another are ideal for making connections between concepts and ideas and promoting discussion. 
  • Group discussions can be led by the trainer or participants based on their own experiences.
  • Role-plays allow people to practice real-life scenarios using their own names and circumstances instead of those scripted beforehand by the trainer. 
  • Case studies allow participants to explore situations similar to those they may face at work while simulating real-life scenarios—all in a safe training environment! 
  • Simulation games allow learners to experiment with different behaviors before putting them into practice back on the job; this allows them time for reflection after each exercise, so they’re better prepared when interacting with others later on.
  • Visual aids such as posters or flipcharts can also help keep participants engaged during training sessions; use these tools wisely, though, because too many visual aids could distract from the actual lesson.

6. Find a DEI trainer with practical experience.

Your DEI trainer should be a subject matter expert and an experienced facilitator, educator, or trainer. This includes experience:

  • In the field: DEI training comes from various perspectives, including but not limited to race, gender, and sexual orientation. Trainers should have personal experience in one or more of these areas.
  • In the workplace: DEI training requires understanding corporate culture and structure. Trainers must also understand how to create an environment conducive to learning while maintaining safety standards for all participants.
  • With training: Trainers should be skilled at training others on recognizing unconscious bias and how it affects decision-making processes within an organization or institution.
  • Handling resistance: An experienced trainer knows how to recognize negative feedback and work with those who don’t want to participate or attend another session. They should also know how to redirect negative responses into a productive discussion and get everyone back onto common ground.
  • With marginalized populations: DEI trainers should understand how to work with vulnerable populations, including people with disabilities, people of color, women, LGBTQIA+ individuals, and others who have faced barriers in the workplace. 

For example, a trainer who doesn’t understand how their language may be exclusionary towards women will likely not provide impactful DEI training for a group that includes some women. Similarly, an individual who does not identify as LGBTQIA+ will probably be less equipped to deliver effective DEI training for this population due to a lack of knowledge about this community’s unique issues. 

7. Send a pre-training and post-training survey—then follow up!

Pre-training surveys can help you gauge whether your participants have a knowledge of diversity, equity, and inclusion issues or are not as familiar with these concepts. Thus, they’re a great way to get an idea of what your participants hope to learn during the training.

After each DEI workshop, follow up with participants who write something negative about their experience to find out what can be done better next time a similar training is offered. It should be a fluid area, with your HR department or outsourced HR firm constantly adjusting to meet the needs of your entire company and help you build the most inclusive environment possible.

DEI Training Takeaways

DEI training is an essential part of the workday in today’s workplace. Organizations that don’t provide this training are putting themselves at risk for lawsuits, costing your company a lot more than DEI training ever will. So it’s worth taking the time to do things right from the beginning!

Risk and cost aside, DEI training is also the right thing to do. You’ll show current and prospective employees that you care about their overall well-being and accept them for who they are. In the end, this approach will help your business grow stronger naturally.

If you have questions about diversity, equity, and inclusion or are ready to enlist the help of expert DEI trainers, contact us today at 603-818-4131 or info@bluelionllc.com to learn how BlueLion can help!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

Avoid These 9 Mistakes by Outsourcing Harassment Training

August 25, 2022
August 25, 2022

As your organization grows, providing practical harassment training is essential to maintaining a safe, healthy, and productive workplace culture. But this is easier said than done! 

Harassment is an umbrella covering many sensitive topics. You may also need to comply with specific laws regarding your anti-harassment training program. And if you don’t have qualified HR professionals to deliver this training, you could put your business at risk. 

That’s why many companies looking to outsource HR start by focusing on workplace harassment prevention. A third-party partner can ensure you meet all the legal requirements and organize thorough, regular training that resonates with every employee. 

Read on to learn why you should outsource harassment training and nine critical mistakes you’ll avoid when you do!

Why Outsource Harassment Training

When and why should you outsource your company’s harassment training? First of all, there may be laws and regulations you’re unfamiliar with. An HR consultant with experience in this area will tell you which you’re subject to and ensure your company complies with government regulations, including: 

  • Employment laws: Harassment, discrimination, and equal opportunity
  • Safety and environmental laws: Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT), Environmental Protection Agency (EPA)
  • State regulations: Your state may mandate specific harassment training.

Outsourcing harassment training is also a wise and cost-effective decision if you:

  • Have a small team and limited or no qualified harassment training providers.
  • Have a large, fast-growing team—it’s an easy way to train new hires and keep your current staff trained.
  • Need to keep employees trained on current issues and trends in your industry.

9 Mistakes to Avoid in Your Harassment Training

1. Unrealistic Scenarios

Many business leaders who run their own anti-harassment training come up with far-fetched scenarios. But extreme examples of harassment won’t be taken seriously and will only insult your employees. It can even come off as if you’re minimizing issues between your team members and their concerns. 

Effective training doesn’t simply tell them what to do or focus solely on liability. It employs real-life, tangible situations that employees can relate to. 

2. Asking Participants to Draw Legal Conclusions

Some organizations make a risky mistake by proposing workplace harassment scenarios and asking employees to draw legal conclusions. If you do, it could be used against your organization in a lawsuit if a team member commits harassing behavior as defined in a previous training session.

The best practice is to stick to discussing the scenarios and how to identify, report, and address instances of misconduct. 

3. Extreme Policies & Rules

Some inexperienced trainers or business owners may try to establish too extreme rules that could end up costing the organization. For example, stating that discussing any personal matters in the workplace is off-limits could blow back on your business if you are sued. 

While management may mean well, attempting to make rules that are too strict will cause employees not to take the training seriously. And we all know that controlling, strict policies only result in a negative work environment.

4. Covering Only Sexual Harassment

Sexual harassment should, of course, be an essential segment of your harassment training program. But it shouldn’t be the ONLY session! Inappropriate behavior comes in many forms, including discrimination and bullying. Your workplace harassment training should cover misconduct regarding:

  • Gender
  • Race
  • National origin
  • Color
  • Disability
  • Age
  • Religion
  • Sexual orientation
  • Other protected categories according to your state laws

Your HR firm will develop a comprehensive harassment program that addresses each of these so that everyone is educated and prepared to deal with all types of harassment.

5. Blanket Training

Many employers provide one training for the entire company, including leadership and rank-and-file employees. This is a big miss because each group needs specific information and guidance!

All employees should understand:

  • The company’s anti-harassment commitment and policy
  • How to report harassment
  • That they have a responsibility to report misconduct they witness, even if they’re not the victims
  • Protections against retaliation
  • Acceptable workplace behavior and conduct

Meanwhile, managers need to know how to:

  • Respond when they receive a harassment complaint or witness harassment 
  • Report the issue to HR 
  • Prevent and address retaliation 
  • Follow up with the complainant after a report and workplace investigation
  • Proceed legally and prevent further risks and misconduct

Harassment prevention training is most effective when tailored separately for general employees and executives/managers. 

6. Too Much Legal Speak

Your harassment training doesn’t need to dive into the gritty legal details. Just focus on the essentials, including:

  • A definition of what harassment is and is not
  • How to report harassment and discrimination
  • Maintaining a safe, harassment-free workplace

For managers, you should cover a bit more (see above), including legal interviewing, hiring, promotion, and performance management practices. Supervisors should understand how to avoid discrimination and create an inclusive, welcoming culture.

7. Not Engaging Leaders

Unfortunately, business leaders often do not prioritize harassment training, so they skip it, only attend part of it, or send someone in their place. But when you outsource harassment training to an experienced, entertaining HR professional, you can avoid this problem. 

They’ll know how to create a program that grabs leadership’s attention and drives the most crucial points home. Thanks to their expertise, HR firms can get creative with even serious topics like harassment by using interactive methods (e.g., role-playing) to generate energy and participation.

8. Skipping Your Anti-harassment Policy & Procedure

It’s all well and good to discuss harassment laws, but what about your company’s policies and procedures? Employees must understand the expectations set for them and acknowledge your anti-harassment policy. This could play a crucial role in the event of a workplace investigation (when you have to determine if the harassment did occur) or lawsuit.

Harassment training should cover your organization’s:

  • Reporting procedures
  • Investigation process and timelines
  • Efforts to maintain safety and privacy during investigation and litigation
  • Zero-tolerance retaliation policy

9. Making Training a One-time Event

Employers must make harassment prevention training a regular, ongoing occurrence—not a one-off or yearly event. The definitions of acceptable workplace behavior are constantly shifting. Continuously discussing anti-harassment measures and how to create a healthy workplace culture will help to maintain one. 

Plus, you may have some team members who have been at your company or in the workforce for a long time. It’s critical to keep them and everyone else updated on appropriate conduct and their responsibilities surrounding harassment in the workplace.

Prevent Risk with an Effective Anti-harassment Program

Harassment training is not something companies of any size can afford to overlook. Consider it an investment in your people and your business: You’ll be keeping both safe!

And if you feel overwhelmed at the thought of developing your own program and policies, it might be time to work with an HR consultant who can guide the way. They’ll ensure you provide all the training you need when you need it.

For any questions about harassment prevention and training, contact BlueLion today at 603-818-4131 or info@bluelionllc.com! Our HR professionals are trained in these areas and will be happy to create a custom solution for your organization.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

5 Steps to Conducting a Thorough Workplace Harassment Investigation

August 17, 2022
August 17, 2022

We’ve already discussed what can constitute workplace harassment and why every employer needs an anti-harassment policy and process for handling complaints. 

But what is the right way to conduct a harassment investigation?

According to Embroker, from 2019 to 2020, there was a 115% increase in defense costs for insurance claims related to harassment. It goes without saying that workplace investigations are a complicated and delicate matter that employers must handle quickly and carefully to protect their business and employees!

So what should you do first? And who should be involved in the process? Below, we’re covering the essentials for a fair and effective workplace investigation, from separating those involved to reporting findings and making a final decision. 

1. Separate Involved Employees

The first step employers should take upon receiving a harassment complaint is immediately separating the individuals involved. Inform them that separation is not a punishment but instead to maintain their safety and prevent further issues.

This may call for a temporary transfer, or nondisciplinary paid leave of absence if the allegations are serious enough. Regardless of the claim, HR should notify all parties that there will be an investigation and make it clear that the company will not tolerate retaliation.

2. Choose the Right Investigator

The investigator’s role is a crucial and complicated one. As your business grows, it is wise to designate at least two specific team members to lead harassment investigations. Workplace investigators should be: 

  • Individuals with whom employees are comfortable reporting misconduct.
  • Trained in mediation and investigations.
  • Professionals with significant integrity.
  • Respected and supported by both employees and upper management.
  • In a position with sufficient time to conduct a thorough and speedy investigation.
  • Individuals of both genders to ensure the complainant (victim) and witnesses are comfortable reporting details.

Avoid selecting immediate supervisors as the investigators, as they might be too close to the people involved. These supervisors are also not usually trained to conduct harassment investigations.

Of course, handling workplace investigations in-house can get messy. Employers should consider partnering with outside investigators when:

  • The individual(s) designated to perform workplace investigations are implicated in the allegations.
  • The complainant is not comfortable with the designated investigator.
  • They want to avoid the suspicion that their investigation is biased.
  • A high-level executive is the alleged harasser.
  • The alleged harasser is considered violent and/or retaliatory (an outside investigator can retain more privacy and safety from an aggressive employee).

3. Prepare for a Thorough Harassment Investigation

Before starting the harassment investigation, the investigator must prepare carefully by:

  • Gathering relevant documentation for review (e.g., handbook, policies, complaint notes, prior complaints/investigations involving the employees, evidence, etc.).
  • Identifying the interviewees, including the complainant, accused, witnesses, and others who have allegedly been subject to similar activity by the accused.
  • Identifying necessary supplementary interviews, such as supervisors of employees involved, authors of pertinent reports/documentation, and coworkers of those involved.
  • Deciding the interview order (typically, investigators start with the complainant).
  • Determining the interview format.

4. Conduct the Interviews

After gathering all the necessary materials and developing a plan for the investigation, it’s time to begin the interviews. General best practices for workplace investigation interviews include:

  • Creating a list of open-ended questions for each individual
  • Maintaining a professional, neutral attitude
  • Avoiding leading questions or comments
  • Taking detailed notes, as close to verbatim as possible
  • Ending each interview by thanking the interviewees and letting them know the employer will maintain their privacy as much as possible and enforce their anti-harassment policy

Complainant Interview

Typically, investigations start by interviewing the individual who reported the harassment. Not surprisingly, complainants are often nervous about causing trouble. Interviewers should inform the complainant that they will do everything possible to protect their conversations and privacy but ensure that the complainant understands that the alleged harasser and managers/leaders may need to be informed.

The complainant may express that they do not want any action taken. The HR department or manager who receives the complaint should explain that the employer is obligated to investigate alleged misconduct and will act according to the company’s policies, integrity, and federal and state laws.

During the interview, investigators should focus on the basic facts and incident details by finding out:

  • When and where it occurred
  • How often similar interactions have taken place
  • With whom the incident occurred
  • How the incident made the employee feel
  • Names of any witnesses
  • Evidence like texts, emails, or photos

Interviewers should encourage the complainant to report retaliatory behavior or further instances of harassment and assure them that misconduct and retaliation will not be tolerated. They should also let them know when to expect the investigation conclusion and results. Finally, the interviewer should review their notes with the complainant to confirm their account of the allegations and provide a record of the interview if they request it.

Accused Harasser Interview

Interviewers should begin the conversation with the alleged harasser by sharing the essential facts of the complaint. It’s best practice to inform them that no conclusions have yet been reached, and there will be a fair, thorough investigation. It is not necessary to disclose the source of the reported harassment.

To guarantee a fair and effective interview of the accused wrongdoer, interviewers should:

  • Ask open-ended questions 
  • Allow them to share their perspective and respond to each allegation
  • Allow them to provide witnesses in their favor
  • Clarify any working and personal relationship between the accused harasser and complainant
  • Establish the frequency and nature of the interactions between the accused wrongdoer and the alleged victim
  • Inform them they are not to interfere with the investigation or take retaliation against anyone else involved

Witness Interviews

Regarding witness interviews, workplace investigators should start by explaining that they are investigating a workplace harassment report. They should remind witnesses of their critical role in helping determine the truth and that there will be no retaliation for their cooperation. This may take some coaxing, as witnesses are often hesitant to participate in investigations for fear of implicating a friend or getting mixed up in the issue. 

Regardless of what side each witness is speaking for, interviewers must maintain an impartial attitude and avoid making conclusions until they’ve completed all interviews and gathered all evidence.

5. Wrap Up the Investigation

To conclude the workplace harassment investigation, the interviewer should thoroughly review all notes, materials, and evidence. Then, they’ll need to determine if company policies have been violated or laws have been broken.

After the review and conclusion, they should write an investigative report summarizing their findings and sticking to the facts. The information should include the investigator’s assessment and reasoning for the credibility of each interviewee. Once complete, they should provide the investigative report to relevant leaders (i.e., executives, management, HR, and company attorneys).

If investigators and management determine workplace harassment has occurred (i.e., policies or laws have been violated), HR and leadership will need to determine disciplinary actions. Next, they will need to inform the alleged harasser respectfully to ensure they are not humiliated in front of colleagues or family. Discuss any relevant corrective actions with them and reiterate the company’s anti-harassment and retaliation policies.

Finally, inform the complainant of the investigation findings and whether or not there was cause for discipline. If so, let them know the appropriate action has been taken, and no further issues will arise. Only share necessary details of corrective action with the complainant—protect the accused harasser’s dignity by being discrete. Remind them to come to you if future problems occur, from new forms of harassment to retaliation.

If you need a neutral third party to investigate harassment claims and help maintain a safe, healthy workplace culture, contact us at 603-818-4131 or info@bluelionllc.com! Our HR experts will act as unbiased investigators and guide you through these challenging issues.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

How Should Employers Handle Harassment Complaints?

August 9, 2022
August 9, 2022

You hope it never happens—the dreaded harassment complaint. But you work with humans, and workplace harassment still occurs today. In fact, the EEO reports that discrimination based on retaliation, disability, race, or sex makes up more than 30% of all charges. 

Employers are responsible for ensuring safe and healthy workplaces. This includes taking steps to prevent harassment and responding appropriately once a complaint has been made. So how should you handle these serious situations? It all comes down to four essential components: 

  • Create a respectful workplace with a zero-tolerance harassment policy
  • Develop a solid anti-harassment policy
  • Create a thorough harassment complaint and investigation procedure
  • Train employees (both management and rank-and-file) on the policy and procedures

Let’s review all of this below.

Create a harassment-free workplace.

Every organization should make it a priority to create a safe, harassment-free workplace. Harassment is not only illegal but also harms employee morale and productivity. To prevent dangerous scenarios, create a work environment that is respectful and nonjudgmental by: 

  • Clearly defining expectations for behavior
  • Ensuring employees know what constitutes harassment
  • Providing training on harassment prevention
  • Reinforcing the message that sexual harassment of any kind is unacceptable in the company

Unfortunately, harassment may still occur, so employers must have a solid anti-harassment policy and complaint and investigation procedures in place.

Develop and distribute an anti-harassment policy.

Your company should have an anti-harassment policy that is clear, concise, and easy to understand. Be sure to: 

  • Distribute the policy to all employees in your organization
  • Post it in a visible location
  • Notify and train new employees on the policy when they are hired
  • Conduct annual training on the policy and inform employees of their rights and responsibilities

Learn more about what to include in your anti-harassment policy.

Establish complaint procedures.

Establishing a clear complaint procedure is the first step to ensuring that employees know how and where to file complaints. Your anti-harassment policy should outline:

  • Who can file a complaint: Note that any employee who has been harassed or witnessed workplace harassment can and should report it.
  • How to file a complaint: How can employees contact HR? Is there an online form or contact information? Will someone from HR follow up with them? If so, how long will it take?
  • Where they may go for further help: If someone comes forward with allegations of harassment by another coworker, what will the process be for investigating and resolving the issue?

Educate everyone on how to handle complaints.

To resolve harassment complaints fairly and effectively, it’s essential to train employees on the process. Employers should conduct separate company-wide and manager-specific training. Your HR team should educate:

  • All employees on how to recognize harassment and report it
  • Supervisors on how to respond to and investigate complaints of harassment
  • Management on how to resolve complaints of harassment (if necessary)

You should also train managers who supervise people who are likely targets for harassment so that they can educate those workers about what their rights are, which may help them avoid unsafe situations in the first place.

Provide multiple avenues for complaints.

Some business owners may want to create a specific department within their company to deal with harassment complaints. This can be effective in giving the person filing the complaint a designated “go-to” person who can help guide them through any legal proceedings or disciplinary actions that might be necessary. However, if this is not feasible for your business (which is common), it is still vital that all employees know who else they can turn to for help.

For example, suppose an employee feels uncomfortable around someone in management but does not feel comfortable approaching their supervisor about it. In that case, they should know whom else they can go to for assistance.

Don’t ignore anonymous complaints.

Anonymous complaints should be taken just as seriously as all other complaints. An employer who fails to take an anonymous complaint seriously could face severe consequences if they fail to take a non-anonymous complaint seriously down the road and are charged with negligence.

If you receive an anonymous complaint, you can use it as evidence against the employee in question if other employees make similar allegations against them later. However, note that receiving an anonymous complaint does not mean you must fire someone on the spot; it merely means that there is a reason for further investigation into what happened and how best to resolve it.

Respond quickly and thoroughly to harassment claims.

Once you receive a harassment complaint, you must investigate it. If you fail to act on a claim and the complainant continues to experience harassment, their well-being and safety could be at risk. An employer that does nothing after receiving a report can be found negligent.

Take every complaint of workplace harassment seriously. Even if a complaint is frivolous, it still deserves careful consideration and follow-up. Give them the time and respect of listening and addressing the issue. 

Follow these steps to handle harassment complaints:

Investigate the allegations thoroughly. 

Ensure you have enough information before deciding what to do next; don’t rush into anything without gathering evidence and conducting interviews with witnesses (including witnesses who may not want to speak up). A rushed investigation could result in mistakes or oversights that will make your decision less credible later on—which could lead to legal problems down the road for you or your company.

During the investigation, you’ll need to find out:

  • What happened
  • Who allegedly harassed the complainant
  • When and where the event occurred
  • How the complainant and their work have been affected
  • If there were any witnesses
  • If the incident was isolated or recurring
  • How the complainant reacted
  • If the complainant has discussed the incident with anyone else
  • If there is any documentation of the alleged harassment
  • If your anti-harassment policy was violated

Remain neutral throughout the process.

When a workplace harassment case arises, treat both parties respectfully and listen to their perspectives. Assure the reporter that you will look into their allegation, handle it discreetly, and prevent retaliation against them for reporting. 

Don’t let personal feelings influence how you respond; instead, keep focused on resolving any issues as quickly as possible.

It is often beneficial for employers and all parties involved to work with a third party to conduct workplace investigations. Outsourced HR firms often have trained experts and mediators who are familiar with the process and can remain unbiased.

Document every step of the process carefully.

While it is important to document, it’s also critical to be careful about how you do so. Maintain an unbiased, fact-based attitude and language in all communications regarding the harassment claim. This means: 

  • Using neutral, unemotional language in all written communication 
  • Attributing the description of the behavior to the complainant
  • Noting only the facts without including any opinions or suspicions based on the complainant’s report

Keep all details confidential 

Maintain confidentiality for all involved parties until you’ve reached a final decision about appropriate action(s) based upon those findings. HR and managers should also protect complainants’ identities when necessary. Only reveal them if required by law (e.g., if someone files suit against another employee).

Involve your employment law attorney. 

It is always wise to consult with your employment law attorney when an employee makes a serious allegation to ensure you protect your company. Your lawyer can guide you on the legal nuances of the situation and help prevent legal issues for you. 

You’ll also need your counsel’s advice if you consider taking legal action against an employee who is found to have violated anti-harassment policies.

Handle Workplace Harassment with Care.

Harassment should never be tolerated in the workplace, and employers are responsible for ensuring their employees are kept safe and happy. Start by creating a harassment-free environment by developing and distributing policies that spell out what kind of behavior is not okay. Then, train your employees on how to report any incidents so they can be investigated appropriately. This will help keep your company from experiencing legal trouble later on when trying to resolve such claims.

Do you need help developing a harassment complaint procedure or need a third-party to conduct workplace investigations? Contact BlueLion today at 603-818-4131 or info@bluelionllc.com to find out how our HR consultants can help!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

Why an Anti-Harassment Policy is Essential for Every Employer

August 2, 2022
August 2, 2022

There’s a lot of talk about workplace harassment right now, from bullying to sexual harassment. And rightfully so: It’s a serious problem that can have lasting effects on victims and their careers. 

But what does an anti-harassment policy do for employers? A good one will not only help prevent harassment but also keep the company out of trouble if an employee files a complaint—or worse, sues them for ignoring it. So why don’t more employers have one?

Below, we’re diving into the crucial ways a comprehensive anti-harassment policy protects your business and what it should include.

Anti-harassment policies are vital for preventing harassment.

An anti-harassment policy is a document that outlines the employer’s stance on workplace harassment and discrimination. It also contains information about how to report inappropriate behavior and what will happen if you do.

This type of policy can also be beneficial for employees unsure of their rights when reporting harassment in the workplace. A solid anti-harassment policy ensures that all employees feel safe coming forward with their experiences, regardless of whether or not they’ve experienced anything firsthand—and it shows that your company cares about creating a safe environment for everyone.

Anti-harassment policies are essential for EVERY employer—for profit or nonprofit, big or small. They have many benefits and can help prevent harassment.

Show your workforce that harassment will not be tolerated.

Additionally, an anti-harassment policy signals to all team members that harassment will not be tolerated. Having a clearly defined policy tells your employees that they can speak up if they see or experience harassment. 

You are also telling your team that you will take action on their concerns and care about their safety and well-being in the workplace.

What should my anti-harassment policy include?

Your HR team should help you develop a detailed anti-harassment policy that covers all your bases. Ensure it includes the following sections and information.

Employees should know who to contact if they experience or witness harassment in the workplace.

Employees should know who to contact if they experience or witness harassment in the workplace.

This includes:

  • The name and job title of the person to whom employees can report harassment;
  • Whether that person is also responsible for investigating complaints (if so, what will be done with the information submitted);
  • How to contact this employee (phone number, email address); and
  • What happens after an employee makes a complaint (whether it will be investigated immediately or after a set period of time).

Employees must know how to contact this person and how they will respond. Which brings us to the next key point…

Explain how the company will investigate complaints.

Be sure to outline what happens after an employee files a claim (and whether they need to do anything else). For example: “Upon receipt of a complaint under this policy, we will promptly investigate the matter in accordance with our Complaint Investigation Procedure.” The employee should also be able to tell whether or not the complaint will be investigated immediately or within a specific timeframe.

You might also add a statement like: “If necessary for investigation purposes only, we may ask that all parties refrain from discussing details about their case with anyone outside our company during its pendency.”

Make your policy accessible to all employees.

Your policy must be accessible to all employees wherever they work, including remote workers. To this end, you will want to ensure that your policy is available on the company intranet and employee mobile devices. Additionally, if you have a corporate laptop program in place for employees who need laptops while working remotely—or even just have IT-managed desktops—you’ll want to make sure they can access it there.

Better yet, include your anti-harassment policy in your employee handbook, where staff can access all relevant policies, guidelines, and documentation in one place. Whenever you update any specific policies, your HR team should send the latest version of the handbook to everyone in the company.

Define “employee” correctly and avoid exceptions to coverage.

You should also include all workers who work in the scope of your business, whether they are employees or not. This includes independent contractors, temp workers, and interns.

It’s important to remember that even if someone is an independent contractor—or claims to be—and isn’t technically an employee of the company, that doesn’t mean they won’t be covered under your anti-harassment policy. 

For example, an outside salesperson might have a contract with your company but still works in your office during business hours and has access to many resources that could cause them harm due to sexual harassment by another employee. They should be treated like any other worker who comes into contact with coworkers on their way into work each morning (unless there is some specific reason why they shouldn’t be included).

Use plain language that everyone can understand—avoid legal jargon and acronyms.

In your policy, use plain language that everyone can understand. Avoid legal jargon and acronyms. The goal of the policy is to inform all employees of their rights, not confuse them with definitions.

While your policy should be clear and easy to read, it is still important to include certain pieces of information that may only apply to specific types of employees. For example, the policy should state how federal and state laws apply when dealing with harassment claims and any state-specific employee protections that vary from place to place.

Make it clear there will be no retaliation for filing a complaint.

It’s essential your policy clearly defines what counts as retaliation and how you’ll protect whistleblowers from the consequences of reporting harassment or discrimination. You can’t just say that there will be no retaliation because then you’d have to ensure each employee knows what counts as retaliation and why it’s prohibited. 

So instead, try something like: “Retaliation means any adverse action taken against an individual who has filed a complaint in good faith under this policy.” It’s also good practice to explain why these protections are so crucial—namely, that reporting harassment or discrimination is hard work and takes courage; without them, people may be too afraid to speak up when they see or experience something wrong at work.

Anti-harassment policies and training work hand-in-hand.

Your anti-harassment policy will be most effective when coupled with anti-harassment and discrimination training. A growing number of states require harassment policies and training, but you should have them regardless of your state’s laws!

Anti-harassment training is a lesson or class that explains what harassment and discrimination are and how they can be prevented or stopped. This should include:

  • Role-playing scenarios: Employees should practice responding to inappropriate behavior. 
  • How to implement it: Ensure that everyone who works at your company knows their responsibilities for preventing harassment or discrimination against others in the office.
  • Manager-specific training: Managers must know how best to support their team members in these situations.

The specifics of policy and training requirements vary by state, so check your Department of Labor to ensure your documentation and program are compliant.

Protect your employees & create a safe, healthy company culture.

The bottom line is that having an anti-harassment policy is one of the most important steps you can take to prevent workplace harassment. It sends a clear message that harassment will not be tolerated and gives employees a way to report it if it does happen. Not only that, but having an effective policy in place also protects your business from liability when someone files a claim against them—which is becoming more common these days as more victims speak out against offenders and seek justice through legal channels.

Do you have questions about workplace harassment or need help developing a solid anti-harassment policy? Contact BlueLion today to find out how we can help at 603-818-4131 or info@bluelionllc.com! 

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

What Does Workplace Harassment Look Like & How Can Employers Identify It?

July 27, 2022
July 27, 2022

Workplace harassment can come in many forms. It’s often easy to spot when someone is being inappropriately harassed because of gender, race, or sexual orientation. Other times, it’s more difficult to spot. For example, did you know that harassment can occur when a manager humiliates an employee in front of their coworkers?

Harassment in the workplace can have a negative impact on the victim and the organization as a whole. Not only does it make the victim feel uncomfortable, but it also creates a hostile work environment that limits the victim’s ability to work effectively. Most importantly, abuse and discrimination in the workplace creates a situation where the victim may lose confidence in their job and be hesitant to report future instances of harassment for fear of being reprimanded again. This not only creates a hostile environment for the victim, but it also limits their ability to work effectively.

As for employers, harassment can negatively impact morale, productivity, and the bottom line. And of course, it can lead to costly lawsuits that set your business back financially. It’s no surprise many small businesses outsource HR functions such as harassment policy development and training to protect employees, mitigate risk, and remain compliant!

Below, we’re reviewing the definition and different types of workplace harassment to help business owners and leaders identify and prevent it.

What is Workplace Harassment?

According to the Equal Employment Opportunity Commission (EEOC), “Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).”

Harassment is unwelcome behavior that is based on a person’s:

  • Race
  • Color
  • Religion
  • Sex (including sexual orientation, gender identity, or pregnancy)
  • National origin
  • Older age (beginning at 40)
  • Disability
  • Genetic information (including family medical history)

Harassment is illegal when:

  1. A worker is forced to endure offensive behavior to keep their job.
  2. The actions are severe or pervasive enough to create a work environment that a reasonable person would consider hostile, intimidating, or abusive.
  3. It results in an adverse employment decision (i.e., the victim being fired or demoted).

The same anti-harassment laws listed above also prohibit employers from retaliating against an employee for filing a complaint or lawsuit, participating in an investigation, or protesting discriminatory employment practices.

Know Your State’s Harassment Laws

Additionally, some states have incorporated their own definitions and laws on harassment in the workplace. For example, a New Jersey court ruled that a person had a claim for disability harassment based upon two remarks made about his diabetic condition.

Employers must also be wary of what information they ask candidates and employees. Thirty-seven states, the District of Columbia, and over 150 cities and counties have adopted “ban the box” laws, which prohibit employers from asking candidates if they have a criminal record or conviction. Many also prevent organizations from performing background checks and requesting salary history.

If you’d like to ensure your company is compliant, consider outsourcing HR projects and training. HR firms like BlueLion can guide you on policy and handbook creation, harassment training, and ADA compliance.

Types of Harassment in the Workplace

Workplace harassment includes more than sexual harassment. Harassment can be overt, such as threats of violence. It can also take on more subtle forms. For example, if someone frequently undermines your authority in a meeting by making personal attacks or repeating gossip, it may be a form of workplace harassment.

Anyone can be a harasser, from a direct boss, manager in another department, colleague, or even a non-employee (such as a customer). And the victim is not necessarily the person being harassed – it can be anyone impacted by the offensive behavior. 

Harassment occurs not only in the workplace. It can also occur during interviews, so employers must be aware of off-limits questions surrounding:

  • Race
  • Gender
  • Religion
  • Marital status
  • Age
  • Disabilities
  • Ethnic background
  • Country of origin
  • Sexual preferences

These questions are irrelevant to the applicant’s skills, abilities, and qualifications for the job are discriminatory.

Bullying in the Workplace

Bullying is a form of repeated physical, psychological, or verbal harassment or abuse occurring at the hands of a peer or work supervisor. Bullying can take place in a variety of ways, such as name-calling, teasing, hostility, and threats.

And even today, bullying in the workplace is prevalent. A 2021 survey by Workplace Bullying Institute (WBI) showed that 48.6 million Americans are bullied at work. The survey also found that bullying is on the rise with remote work: It mostly occurs during virtual meetings and 43% of remote workers experience bullying.

Leaders can ensure the safety and well-being of their employees by looking for these signs of bullying in the workplace:

  1. Isolation: Look out for employees who are being excluded from meetings, conversations, or work-related activities — from specific projects to team-building events. Bullies will also ignore or avoid the targeted individual to make them feel isolated.
  2. Unfair Criticism: Workplace bullies might level constant and unfair criticisms at their target to make them feel inadequate.
  3. Manipulation: Bullies often manipulate people and situations, such as threatening others with passive aggression, shifting blame on others when things go wrong, or taking all the credit on a job well done.
  4. Undermining: A bully might undermine a coworker’s ideas by either embarrassing them in public or gossiping about them. This could also include speaking poorly of a colleague in front of superiors, intentionally preventing their success, or making them feel useless by assigning them unfavorable tasks.
  5. Lies & Deception: Keep an eye on liars — both those who lie directly and those who leave out the facts to get their way. This could include withholding or feeding employees the wrong information to make their colleagues look bad.
  6. Unrealistic Expectations: Toxic bosses and coworkers might assign employees tasks with ridiculous targets to set them up for failure and, once again, make them look bad.
  7. Toxic Competition: Workplace bullies sometimes pit colleagues against one another, incite backstabbing, or rank employees with the intent of shaming underperformers.

Sexual Harassment

The EEOC states that it is illegal to harass an individual – whether applicant or employee – because of their sex. The agency’s definition of sexual harassment includes:

  • Unwelcome sexual advances
  • Requests for sexual favors
  • Verbal or physical harassment of a sexual nature
  • Offensive remarks about a person’s sex (e.g., making generalized offensive comments about women)

Business owners should also beware of their legal obligations around training and resources. Certain states require employers to provide regular sexual harassment training.

Identifying & Preventing Workplace Harassment

A crucial part of maintaining a safe, healthy work environment is understanding what signs to look for and how to handle workplace harassment when it arises. Every organization should have an anti-harassment policy outlining the offensive conduct that will not be tolerated. Your policy should advise employees on what they should do if they experience or witness harassment at work. Additionally, employers should provide regular harassment training for both managers and employees. 

If you have questions about the different types of harassment or would like to enlist the help of outside experts for your company’s harassment workshops, contact BlueLion at 603-818-4131 or info@bluelionllc.com to learn more!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.