1. Develop or update a harassment policy directed to employees
which clearly defines conduct which could constitute unlawful
harassment.
2. Provide as many opportunities as practical to communicate
this policy to employees. In addition to placement in an employee
handbook, it should be posted, discussed and explained in specific
employee seminars on harassment, and published in other employee
communication forums, including any inter or intranet web pages,
and any employee orientation programs.
3. Develop and communicate with the harassment policy a formal
complaint procedure which provides avenues to by-pass a harassing
supervisor and also states that it protects the employee from
retaliation because of the complaint. Where possible, employers
should consider adding a "hot line" which allows employees
to leave complaints or messages on a dedicated voice mail or
answering machine.
4. Prepare a detailed policy on harassment which will be discussed
with and signed by each supervisor to be placed in their personnel
file. Having such a "contract" with a supervisor may
provide a defense to a claim of harassment and may assist in
reducing damages.
5. Conduct training seminars with supervisors to explain the
harassment policy and more particularly the complaint procedure,
and to train supervisors in their important role of preventing,
investigating, responding to and stopping all unlawful harassment,
stressing that any supervisory action by a member of management
may result in strict liability to the employer and personal
liability to the supervisor.
6. Conduct training seminars for employees as a method to meet
the new requirement that the employer "properly communicate
the policy to its employees." This meeting would explain
the policy against harassment and more particularly the complaint
procedure.
7. Consider developing an approval process for terminations
and perhaps any other adverse actions against employees to ensure
that no such actions are taken due to sexual or other unlawful
harassment. Exit interviews may also help discover terminations
based on situations that could be related to incidents of harassment
before the termination is final and cannot be rescinded.
8. Assign one individual in the organization to monitor and
coordinate compliance.
9. Develop documentation to establish that the employer has
taken prompt, effective remedial action in response to complaints
of harassment. If you have any questions or want assistance
in developing your policies, investigating complaints of harassment,
or any prevention training, please see the attorney at Coffman
Coleman that you work with or contact
any of our attorneys to find out how we can help your company.
