The faster an employer takes action, the better the outcome. The keys when a claim is made are speed, objectivity and thoroughness. Reporting policies should offer a measure of confidentiality and an assurance of non-retaliation. Martha: Once an episode of harassment has occurred, employees should feel safe about reporting it. When harassment occurs or is reported in the workplace, what should an employer do first? But incivility is a gateway drug for harassment, and employers should not hesitate to nip improper workplace conduct in the bud before it rises to the level of actionable harassment.
There can be a huge gap between workplace conduct that would be unacceptable in the typical workplace and workplace conduct that is “severe and pervasive” as that standard is interpreted by the courts. Mitigate these issues by having good policies and procedures, training employees on them, and creating a workplace environment in which employees feel safe reporting harassment in the first instance. What about employers who find themselves facing claims of harassment tied to violation of employment laws (Title VII, ADA, FLMA, etc.)? Are there proactive measures to take to mitigate these issues?ĭorman: The best defense is a good offense.
Focus groups or roundtable style training that includes concept application to hypothetical situations can improve retention of key policies, encourage open dialogue, and facilitate better employee action.ĭorman: First is a visible commitment by employers– starting in the C suite– to effective anti-harassment policies and procedures, made credible by a sustained commitment of resources to support this commitment, including better and more frequent training. Instead, conduct small session training that facilitates more meaningful discussion among colleagues and better information exchanges. Kelly: Employers should consider moving away from traditional education models that simply reiterate the mandates of a policy. What policies and procedures can employers put into place to educate the workforce and create a culture of transparency? Senior leadership should be visible and engaged with its employees on a regular basis to help create a safe environment with no fear of retaliation. Employers must take a proactive approach in changing the culture. Martha: Employers that do not aggressively encourage reporting of inappropriate behavior and apply policies and procedures to everyone – no matter what level of responsibility - are opening themselves up to large risks. Employees are more likely to report harassment if they believe that their complaint will be taken seriously, promptly investigated by a well-trained independent professional, duly resolved, and will not adversely impact their continued employment. While failure to report may allow the employer to assert the Farragher legal defense in litigation, employers should want to avoid the heavy direct and indirect costs of workplace harassment, which include loss of valuable employees, employee alienation, low morale, symptoms of anxiety and depression, and an inability to bring out the best in employees. Studies- and the #MeToo movement– leave no doubt that in the average workplace, harassment is endured rather than reported. Be alert and proactively monitor the culture of the workplace, the company’s compliance with policies, and the methods the company uses to demonstrate policy enforcement.ĭorman: Often, employees are reluctant to report harassment. No workplace is immune from a bad actor or the perception that a bad actor roams the hallways. Kelly: Complacency is an employer’s worst enemy. Kelly Pate, Dorman Walker and Martha Thompson, partners in our labor and employment practice share their insights: What is the largest workplace harassment risk facing employers today? We sat down with a few members of our #MeToo task force to discuss opportunities for employers to proactively address workplace harassment, as well as steps to take when managing an investigation. The team’s deep experience in labor and employment compliance, employment litigation, and investigation response is combined with industry-specific insights to offer fully integrated counsel to businesses. Balch’s #MeToo task force brings together a multi-disciplinary group of attorneys who advise employers on harassment-related matters. The #MeToo movement shines light on workplace harassment, opening conversations that span across industries and work environments.
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