The end of 2017 was dominated by the #MeToo movement and claims of harassment, including those dating back decades.
These accounts have caused businesses and organizations to prioritize the need to develop comprehensive policies regarding the prohibition on harassment, as well as a training plan and a process to investigate and resolve disputes.
In doing so, companies should start with implementing a comprehensive anti-harassment and anti-discrimination policy, as well as a code of conduct.
Anti-harassment policies should prohibit not just sexual harassment but all of the protected categories to include race, gender, national origin, religion, color, pregnancy, disability, age, genetic information, sexual orientation, gender identity or any other characteristics protected by law.
The policy needs to provide examples of what behavior is prohibited and should identify the inappropriateness at work and after hours. In addition, the policy should specifically cover improper behaviors via social media or electronic communications, which sometimes also is referred to as cyberbullying.
The policy also should provide specific individuals regarding who can be contacted if an employee feels he or she has been mistreated. The policy should clarify that an employee need not tell the offender to stop before the person reports the conduct to management or human resources.
The avenues to complain need to include more than just management or human resources. They should include several layers of management and the CEO if necessary.
Businesses that implement only a harassment policy and fail to implement a code of conduct may mistakenly avoid addressing improper workplace behaviors because the investigation determines the behavior is not based on a protected category, therefore dismissing misconduct. Improper workplace conduct, whether due to a protected category or not, should be prohibited.
The code of conduct should mandate professionalism.
It should state, “To ensure a positive working environment for all employees, and to optimize the client experience, the organization prohibits any type of offensive, unprofessional and/or disruptive behavior by any employee. Any personal conduct, whether verbal or physical, that is unprofessional and/or fails to promote a positive working environment is prohibited. Employees must treat each other, and clients, with courtesy, dignity, and respect and conduct themselves in a professional and cooperative manner at all times.”
The code of conduct can list examples of prohibited conduct, and a policy such as this would cover workplace bullying as well as harassment.
Finally, employers should implement a plan for training management and employees on the organization’s expectations.
Finally, take all complaints seriously. Immediately upon being on notice of a complaint, organizations need to assure complainants that they will not be retaliated against and their complaints will be fully investigated.
Employers also must create an environment where those accused of misconduct receive fairness and respect in the process.
In a he said/she said, someone is lying and it’s the investigator’s job is to determine who that is. Companies that conclude “no finding” or “inconclusive” have failed to properly address complaints of harassment.
2018 is likely to see more individuals who are now empowered to report past misconduct.
Employers must be ready to address past misconduct and make significant efforts to prevent harassment and acts of misconduct in the future.