Nondiscrimination laws prohibit employers from subjecting employees, and in some cases, certain other covered individuals such as interns, to sexual and other types of harassment. Federal law generally covers employers with 15 or more employees, but many state and local laws cover smaller employers. Below we address frequently asked questions about preventing and correcting harassment in the workplace.

Q: Am I required to have a written anti-harassment policy?

A: While federal law strongly encourages employers to have a written policy on sexual harassment, your state law may require one. For example, California not only requires a written policy on sexual harassment and abusive conduct, but it also has specific requirements for what the policy must include. Regardless of the state, it is a best practice to have an anti-harassment policy.

Q: What should the policy include?

A: Typically, an anti-harassment policy should:

• Expressly state that sexual and other unlawful harassment is prohibited.
• Clearly explain that employees will not be retaliated against for filing a complaint or participating in an investigation.
• Define sexual and other types of harassment, provide examples of prohibited conduct, and address consequences for violating the policy.
• Explain that abusive or malicious conduct that a reasonable person would find hostile or offensive is prohibited as is any other conduct deemed inappropriate by the company.
• Encourage employees to report inappropriate conduct, without fear of reprisal, before it becomes severe or pervasive, whether they are a victim or a witness.
• Offer employees multiple avenues through which they can report potential violations, including their own or other supervisors and HR.
• Instruct supervisors to report any complaints of misconduct to a designated company representative.

Q: What is sexual harassment?

A: In general, sexual harassment includes unwelcome verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. For example, harassment may occur when a supervisor uses submission to or rejection of unwelcome conduct as the basis for employment decisions. In addition, a hostile work environment may exist when conduct is so severe or pervasive that it creates an abusive working environment.

Q: Do I need to provide training on sexual harassment?

A: Several states, including California, Connecticut and Maine, require employers to provide sexual harassment training to certain employees. California also requires training on abusive conduct. Check your state law for specific training requirements, including who must be trained, the frequency in which training must be provided, the required content of the program, and requirements for maintaining training records.

Even in states without specific requirements, supervisor and employee anti-harassment training, along with non-discrimination and anti-retaliation training is a best practice. Education and awareness through training can help reinforce your company's commitment to a discrimination-free workplace.

Q: An employee just complained about harassment. What do I need to do?

A: Take the complaint seriously and launch a prompt, thorough, and impartial investigation into the complaint.

Q: What if an employee says she is being harassed but doesn't want me to do anything about it?

A: You still have a responsibility to investigate and remedy any violation. You can tell the employee that you have an obligation under the law and company policy to investigate.

Q: Who should conduct the investigation?

A: Someone who is impartial and properly trained should conduct harassment investigations. If the investigator has a conflict of interest (e.g. has a personal relationship with either party), you should designate someone else, such as an outside investigator, to conduct the investigation.

Q: What should the investigation include?

A: Investigations generally involve separate interviews with the complainant, witnesses, and the accused. Generally, the investigator gathers all the facts, evaluates the credibility of each party, and prepares a report on the findings.

Q: During the investigation, should I put the accused employee on paid suspension?

A: There may be situations where you need to separate the accused employee from the accuser pending the outcome of the investigation. In many cases, an employer can accomplish this without suspending the accused employee, such as by transferring one of the parties to another department (with their consent). If you believe a paid suspension is necessary during the investigation, consider consulting legal counsel first.

Q: If I find that an employee violated our harassment policy, what are my responsibilities?

A: If an investigation reveals that harassment occurred, take immediate and appropriate corrective action to remedy the harassment and prevent it from recurring. Additionally, correct the effects of harassment, such as restoring lost employment benefits or opportunities. Consider disciplinary measures that address the severity of the offense and administer your disciplinary policy on a consistent basis.

Q: What if the harasser is a client?

A: Under most laws, harassment can occur even if the harasser is a third party, such as a client, customer, vendor, or independent contractor. If your investigation reveals that harassment occurred by a third party, you must still take immediate and appropriate corrective action to remedy the harassment and prevent it from recurring.

Conclusion:

Federal, state, and local laws require employers to prevent and correct harassment in the workplace. Make sure your policies and procedures comply.