Of course, you care about your team. You can’t imagine discriminating against them, never mind punishing them for acting within their rights.

But this is where it gets tricky—and why workplace retaliation claims are the most common filed with the Equal Employment Opportunity Commission (EEOC). Employers often fail to: 

• Understand what falls under protected activity
• Train management on handling employee complaints
• Develop a complaint process and policy
• Enforce policies equally company-wide

So, what qualifies as retaliation, and how can you avoid it in your organization? We’re breaking it down below.

What is workplace retaliation?

Workplace retaliation occurs when an employer punishes an employee for engaging in protected activity. This can come from a manager, supervisor, administrator, or business owner.

For instance, this could mean a salary reduction, denying a raise or promotion, demotion, or job or schedule change. More subtle workplace retaliation examples can include a negative performance review or removal from an important project.

These are known as adverse actions, as they are meant to intimidate a reasonable employee from making a complaint against the employer or engaging in any protected activity.

What qualifies as protected activity?

Under federal law, employees and applicants have the right to complain about workplace harassment or discrimination directly to their employer and external bodies like the EEOC without fear of retaliation. There are many types of protected activity, such as:

• Filing an EEO charge, complaint, investigation, or lawsuit
• Acting as a witness or answering questions during a discrimination or harassment investigation
• Reporting discrimination or harassment to a manager or supervisor
• Declining orders that would result in discrimination
• Rebuffing sexual harassment or intervening to protect others
• Requesting a religious or disability accommodation
• Inquiring about salary information with managers or coworkers to uncover potentially discriminatory wages
• Discussing wages, benefits, or other working conditions

A complaint doesn’t have to be formal to be protected—it is protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws.

Keep in mind that these protections apply to all:

• Employees (full-time, part-time, seasonal, temporary, and probationary)
• Job candidates
• Former employees covered by EEO laws
• Employees who complain about perceived discrimination against coworkers

Their citizenship or work authorization is irrelevant.

How does this relate to disability accommodation requests?

Workplace retaliation can occur when an employee with a disability requests a reasonable accommodation and then experiences adverse action(s) as a result. Even if they receive the accommodation, a manager or coworkers could retaliate in one of the ways listed above or by creating a hostile work environment.

Employers have a legal obligation to provide reasonable accommodations to employees with disabilities. They cannot retaliate against employees for requesting an accommodation or exercising their rights under the Americans with Disabilities Act (ADA).

To avoid workplace retaliation claims, employers must create a culture that supports disability accommodations and ensure employees feel comfortable requesting them without fear of retaliation. 

Learn how to properly handle an ADA accommodation request properly to give employees what they need and keep your company compliant.

How to Prevent Workplace Retaliation Claims

In addition to understanding what qualifies as protected activity and illegal adverse actions, employers can create a safe company culture and avoid workplace retaliation by:

Creating well-defined policies

Establish detailed anti-discrimination and anti-retaliation policies that are communicated to all employees. Clearly state that retaliation is prohibited and encourage employees to report retaliatory behavior immediately.

Key elements of a solid anti-retaliation policy include:

• Examples of retaliatory behavior
• Guidance on avoiding actual or perceived retaliation
• A complaint process for staff to report retaliation
• An outline of the investigation process
• A statement that employees may be disciplined or fired for retaliation

Establishing a complaint process

When an employee makes a complaint or raises concerns of retaliation, adhere to the complaint process as outlined in your anti-retaliation policy by:

• Taking every complaint seriously and documenting it
• Asking the employee questions to gain a full understanding of their concern
• Following through with the investigation process

Provide multiple channels for employees to raise concerns or report incidents of retaliation. For example, if an employee has a complaint against their direct supervisor, they will likely want to report it to someone else. Make it clear who they can go to—whether it’s an HR staff member or an alternate manager.

Encouraging open communication

Encourage open communication between employees and managers through regular interactions. Managers should schedule meetings and office hours so their teams know when to discuss concerns. Building this trust through consistent engagement will make employees feel more comfortable reporting discrimination, harassment, or retaliation if they do arise.

Many companies also establish an open-door policy to foster a transparent, communicative work environment. An open-door culture has many benefits, including learning about issues and addressing them early—but your policy must be carefully thought out to be successful.

Training management on anti-retaliation practices

Similarly to harassment training for managers, employers should hold separate training on workplace retaliation for those in leadership positions. This should cover: 

• The anti-retaliation policy 
• The discrimination and retaliation complaint process
• Common behaviors associated with retaliation and how to identify and avoid them
• Enforcing these policies and practices consistently across their teams
• That they CANNOT punish an applicant or employee for filing a complaint

Receiving allegations of harassment or discrimination can lead to heated, emotional reactions, often getting managers in hot water. It’s easy to take this serious complaint personally and want to defend yourself or punish an employee. 

Hence why training leadership on what they can and cannot do is vital to mitigating further issues!

At the end of the day, you can prevent workplace retaliation claims by creating a culture of open communication, transparency, and fairness accompanied by solid policies. And when you prioritize diversity, equity, and inclusion, the rest should come naturally, and you’ll lower your risk of discrimination and harassment issues to begin with!

Need guidance on establishing these policies and processes? Contact BlueLion today at 603-818-4131 or info@bluelionllc.com to learn how our HR consultants can help you create a safe, inclusive work environment!

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.

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.

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!

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! 

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!

Many employees don’t know how to identify harassment in its many forms, just as managers may not know how to deal with these delicate situations appropriately. All employees should be educated on this topic to maintain a safe and healthy work environment.

But how can employers present the subject so that it resonates with employees and they take it seriously? Below, we’re sharing our top seven tips for providing practical sexual harassment training.

1. Provide sexual harassment training for managers.

Managers need to understand their role if and when a sexual harassment case arises. Like California, Connecticut, and Maine, certain states require private employers to provide specific managerial training. The same goes for many public businesses.

When it comes to sexual harassment prevention and issues, managers need to understand:

• That anyone can be a harasser or the victim of harassment.
• How to create a culture with zero tolerance for harassment.
• How to intervene and put an end to disrespectful behavior.
• Their role in receiving complaints and the investigation process.
• How the organization will respond.
• That they can’t retaliate against someone who makes a sexual harassment complaint.
• How harassment creates liability for a company.

2. Provide separate training for rank-and-file employees.

While all employees should receive sexual harassment training, employers should keep in mind that managers and rank-and-file employees do not necessarily need the same levels of training. 

Of course, many organizations only train managers, which is a big miss. Employees need to know the policy and complaint procedure. Too often, they don’t know what to do or what inappropriate behavior looks like. 

Jennifer Sandberg, an attorney with Fisher Phillips in Atlanta, told the Society of Human Resource Management (SHRM) that employees may need as little as 45 minutes a year on sexual harassment and other equal employment opportunity (EEO) topics.

3. Give employees the information and tools necessary to feel safe.

What is sexual harassment? The Equal Employment Opportunity Commission (EEOC) defines it as “unwelcome sexual conduct when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.” The U.S. Supreme Court has also deemed discrimination based on sex as a form of sexual harassment.

All employees must understand not only the definition of sexual harassment but how to identify it. Once workers understand this, they should know what to do if they experience it directly or witness it. This means they should know:

• How to report incidents.
• How incidents are investigated.
• What options and solutions are available to individuals who experience harassment.

Training should include examples that are meaningful for employees. Use scenarios that cover multiple situations and draw on your particular industry and workplace.

4. Approach harassment training with a focus on culture.

A significant part of the training should emphasize sexual harassment prevention. In other words, focus on creating a culture based on mutual respect. 

In a SHRM article that interviewed several HR professionals, employment attorneys, and other experts, Charlotte Miller, attorney and HR leader, said that leadership members should set examples of respect through their language, actions, and daily interactions. Leaders should also refrain from joking about being “politically correct” or keeping out of trouble with HR.

David Nuffer, chief judge of the U.S. District Court for the District of Utah, recommends developing a system that allows microaggression, inappropriate behavior, or harassment—both actionable and not—to be reported without automatically leading to discipline. Although employees need to understand this non-confrontational solution’s limitations, it can validate the complainant, provide assistance, and educate the employer on organizational needs.

This may not come as a big surprise, but bullying and harassment often go hand-in-hand. Sally Helgesen, coauthor of How Women Rise, reviewed 20 cases of men who were let go from high-profile positions because of inappropriate behavior with women. She found that most of these men were viewed as nonsexual bullies by men who worked with them in subordinate positions. Helgesen noted that if workplaces are aware of this trend, it could prevent bad behavior by high-performers from being overlooked.

Respect and professionalism come from the top down. Your employees are always watching and taking cues from you. It is up to you to set the tone for acceptable, professional, and respectful behavior.

5. Use a blend of live and online training.

Again, some states have requirements when it comes to how the training is held. If your company is legally able to and has the bandwidth to manage it, online training can be a great tool that allows you to send a consistent message across the entire organization.

Plus, online training allows you to reach remote employees, if applicable. This channel gives companies a convenient and consistent way to cover the basics.

You can then use live training to build on that content and include specific scenarios, as we mentioned above.

6. Know the sexual harassment training requirements in your state.

Sexual harassment training requirements vary by jurisdiction and may differ based on the employer’s industry or size. This includes different requirements regarding content, format, and frequency of training.

For example, Connecticut requires companies with three or more employees to provide two hours of sexual harassment training to all employees. All Connecticut employers, regardless of size, are also required to provide training to supervisors. The law goes on to explain what the training should include and acceptable methods. 

Maine also has specific requirements, stating that businesses with 15 or more employees must train all employees on sexual harassment within a year of the beginning of their employment. Supervisors and managers must receive additional training within a year of assuming their positions. There are requirements when it comes to the content of the training as well.

Be sure to find your state-specific sexual harassment training requirements as you develop and update your program. 

7. Reduce risk by providing the required training.

If your state does have a law on sexual harassment training, it most likely has a monetary or another type of penalty for not providing the training. We can’t emphasize enough the importance of staying up-to-date on your local laws to ensure your training is compliant. Overlooking this area is simply not worth the risk!

Even in states with no legal requirements, employers should give sexual harassment training. When done effectively, it reduces your company’s risk related to sexual harassment complaints. Providing regular, mandatory anti-harassment training is an essential part of protecting your employees and anyone in your workplace from harassment.

Sexual harassment prevention and training is a serious but necessary element in today’s workplace. If you are unsure of your state’s requirements or you simply don’t know where to start, contact BlueLion at info@bluelionllc.com or 603-818-4131 today. Our HR experts will help you create a thorough training program built on respect, awareness, and safety.

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.