Author: Don Grimme

These tips are geared to the organization as a whole. Any leader should be aware of them and provide support as needed, but many of the tips need to be executed by senior officials and/or the HR department.

Tip #1: Create a clear, zero-tolerance Harassment/Discrimination Policy.

* Defining and covering quid-pro-quo harassment
* Defining and covering hostile environment harassment
* Stressing the significance of effect, regardless of intent
* Covering all bases of harassment and discrimination (e.g., race, religion, national origin, age, disability, sexual orientation, etc.)
* Specifying consequences (e.g., up to and including termination of employment) and establishing a complaint procedure
* ‘Zero-tolerance’ does not mean uniform severe punishment regardless of the severity of the behavior. Rather it means…

Tip #2: Evenhandedly enforce your policy, without exception.

If you determine that your policy has been violated, enforce that policy — regardless of the offender’s position in the organization! [Easier said than done? Perhaps. But consider the legal and employee relations consequences of doing otherwise.]

Tip #3: Implement user-friendly harassment/discrimination internal complaint and investigation procedures.

* Provide multiple options for registering complaints — written, hot-line, in-person (e.g., supervisor, senior manager, HR) — including at least one female and with as much diversity as possible
* Designate (and train) male/female teams for complaint investigation

Tip #4: Communicate the policy and procedures.

* In writing — employee handbook, bulletin boards, email, memos, organization’s website
* Verbally — new hire orientation, department meetings, one-on-one
* Reinforce periodically with in-person statements by senior management and immediate supervisors

Tip #6: Train all employees:

* The essence and scope of relevant laws and your policy
* How to refrain from all forms of harassment and discrimination
* How to respond (including complaint procedure) to harassment/discrimination

Tip #5: Train all managers:

* Everything covered in the employee training
* The costs; their responsibilities; what to avoid; what to watch out for
* How to handle complaints, including how to document

Tip #7: Thoroughly investigate all harassment complaints.

Not all allegations of harassment are of equal merit or severity. The one absolute, however, is: never ignore a harassment complaint, whether made formally or as an informal gripe.

* Listen to all parties concerned
* Maintain confidentiality (to the extent possible)
* Communicate the results of the investigation to the complainant and accused
* Take appropriate action, e.g., feedback, training, coaching, counseling, disciplinary action, termination

Tip #8: Protect complainants, witnesses and accused from retaliation.

* Not only formal retaliation by the employer, but also informal retaliation by employees, e.g., gossiping or shunning.
* You may want to consider an “in good faith” caveat, i.e., fabricated complaints will not be tolerated and will be subject to disciplinary action. If so, carefully distinguish this from honest complaints made in good faith, which are found not to be in violation of law or policy.

Tip #9: Document all of the above.

You probably won’t be able to prevent harassment/discrimination lawsuits or EEOC charges from being filed against your organization. But you can ensure a favorable finding. Our advice:

Do the right thing … and document it!

Tip #10: Stay vigilant

* Constantly monitor your work environment
* Periodically review policy and procedures to ensure compliance and effectiveness