Get Help on Your Anti-Harassment Policy
Your company probably has some form of anti-harassment policy. Even as far back as 2017, 98% of U.S. businesses had at least a sexual harassment policy (Harvard Business Review). And yet harassment still happens. Does that mean the policies aren’t working?
The sad truth is, no, it doesn’t. The best anti-harassment policy in the world won’t completely eliminate harassment. That would take a massive cultural shift – far beyond the scope of a single HR team or even a single company. But there are things you can do to help.
Too often, business leaders see these policies as the end goal. Once it appears in the employee handbook, they stop talking about the problem. That’s a mistake. Instead, HR should look at anti-harassment policies as conversation starters. The policy itself should include communication strategies, plans for company-wide training, and a commitment for everyone on your team – from the C-Suite to your newest hire – to take complaints seriously.
Why Anti-Harassment Policies Are Important
Harassment of any kind can stop people from reaching their full potential. Think about Maslow’s hierarchy of needs. If your employees feel physically or emotionally unsafe at work, they’ll focus on protecting themselves from harm instead of learning, growing, or checking tasks off their to-do lists.
In a perfect world, anti-harassment policies would prevent employees from harming each other. In reality, these policies serve a slightly different purpose: they let your team know that if they ever experience harassment, leadership will take the problem seriously.
Strong anti-harassment policies describe what qualifies as unacceptable behavior and detail the disciplinary procedure for complaints. These documents aren’t just important for compliance, they also set the tone for company culture. A zero-tolerance approach to harassment shows employees you care about their well-being.
Types of Harassment
Harassment refers to any form of unwelcome behavior. It’s important to define what harassment means to your company, so offensive conduct isn’t up for debate. For example, imagine an employee reports that a team member is sexually harassing him. HR meets with the team member he accused, and that person says it was “harmless flirting.” If you have a clear, specific definition of harassment, it will be easier to settle that question.
A few types of harassment are especially common:
- Sexual harassment (including but not limited to sexual or romantic advances, physical contact, assault)
- Harassment based on identity (including but not limited to gender, race, religion, nationality)
- Harassment based on physical or mental disability
- Intimidation
- Stalking
- Unwelcome attention
- Disruptive behavior
- Offensive jokes or comments
Harassment is an interpersonal issue. What one person thinks is a funny off-color joke could be very offensive to someone else. HR leaders need to take every complaint seriously, whether or not you would feel personally harassed by the unwelcome behavior being reported.
Anti-Harassment and Compliance
On a federal level, harassment is a major compliance issue. For example, if a supervisor harasses an employee in a way that affects their job (i.e., termination, loss of wages, etc.), the company is automatically liable. According to the EEOC, harassment is unlawful when:
- Enduring harassment is a required condition of employment.
- The harassment is severe or constant enough that “a reasonable person” would consider it hostile, abusive, or intimidating.
The term “reasonable person” is subject to interpretation, but some behaviors clearly fall into this category. For example, any act of physical violence by a supervisor could be described as intimidating.
Harassment laws vary widely from state to state. In Delaware, for instance, companies with 50+ employees must provide sexual harassment training for all employees and supervisors. Similar training is required in California, Connecticut, Illinois, Maine, and New York. In other states, training is strongly recommended. What’s more, the national conversation around harassment is heating up. HR leaders should stay informed about local regulations and prepare for them to change quickly.
How to Write an Anti-Harassment Policy
When you’re ready to write your anti-harassment policy, start by gathering expert advice (reading this article is a good first step). Consult with your legal team or a lawyer who understands local and federal harassment laws.
Next, solicit feedback from people within your company. Make sure you include people in different departments and different roles. These are the people with an inside view of how your company works, and they’ll have to understand your policy in the future. Junior employees’ opinions are especially important here. They have less authority in the workplace, they might also have less experience, and so they’re at a higher risk of harassment.
What to Include in an Anti-Harassment Policy
Your policy should be widely available to anyone in your company. You could even include it in the company handbook. An anti-harassment policy should include:
- Statement of commitment: Describe your company’s general stance on harassment. Describe your zero-tolerance policy and emphasize that all complaints will be taken seriously.
- Legal statements: Harassment is covered by federal, state, and local laws. Your policy should reference any relevant legislation. You may also be required by law to include specific information here.
- Definitions of harassment: Clearly state what qualifies as harassment in your organization. Does your policy apply to online bullying? What qualifies as intimidation? This definition (or definitions) should be comprehensive and easy to understand.
- Examples of harassment: Different people have different learning styles. Including examples will help some of your employees understand what qualifies as unacceptable behavior. For each example, explain why it counts as harassment. For example, asking a colleague on a date once, and respecting their answer, is sometimes acceptable. However, asking over and over again after being rejected would qualify as harassment.
- Employer and Employee Responsibilities: When it comes to harassment, both the employee and employer have certain responsibilities. For employees, these could include respecting each other’s boundaries, reporting incidents, and avoiding retaliation if accused. Employers are responsible for taking complaints seriously, investigating all reports, and following through on disciplinary measures.
- Complaints and Disciplinary Procedures: Explain exactly how an employee should report harassment and how the company will respond. The disciplinary response could be anything from a verbal warning to termination of contract, depending on the specific situation.
Putting Your Anti-Harassment Policy into Practice
Once you finalize your policy, it’s time to get executive buy-in. Your managers play a major role in daily operations, and enforcing the policy is largely up to them. HR should train leaders on how to promote a respectful environment, respond to complaints, and discipline employees as needed.
HR should also ensure employees understand what the policy requires of them. This is a great opportunity for company-wide training. Going forward, anti-harassment training should be part of the onboarding process for new hires.
No policy is perfect, and best practices are changing rapidly. HR should track the policy’s effectiveness by gathering regular feedback from employees. Make sure you survey everyone on the team, including those who have made complaints and been accused of harassment.
If you’re ready to design or update your anti-harassment policy, you can use Paycor’s checklist to get started. Download the list and use it as a reference as you create or edit a policy for your specific company.