Though Harvey Weinstein and #metoo erupted at the end of 2017, sexual harassment complaints in corporate America really hit their stride last year, with the EEOC filing 50% more cases and recovering 22% more money for complainants in 2018. My guess is that trend is not slowing any time soon. So, if you want to get serious about preventing sexual harassment at your company, consider the following tips:
1. Train every single one of your managers, from the CEO to front line supervisors. I know. Your executive management team is busy. They’re too important to be bothered with training. And they know all of this stuff anyway, right? Wrong. The bigger they are, the higher the dollar amount of the settlement. And even if your executive management team would never tolerate much less engage in sexual harassment, would they know what to do if an employee complained to them about someone else? Yep, that’s what I thought.
2. Have multiple, well-advertised avenues for reporting harassment. Okay, so this isn’t shocking advice in and of itself, but I included it on this list because, frankly, I am constantly surprised by the number of written harassment policies that list the employee’s supervisor as the sole person to whom the employee should report harassment. What’s an employee to do if the supervisor is the one engaging in the harassing behavior? Policies should list at least two other avenues for reporting. Suggestions include the supervisor’s supervisor, anyone in management, anyone in HR, the legal department, compliance, audit, or safety, an anonymous hotline (provided it’s monitored), or any other responsible adult. And don’t forget to tell your employees about their options. Now, go check your policy language. I’ll wait.
3. Take every complaint seriously, regardless of who files it. This seems like a no-brainer at first, but think about it – which of your employees are most likely to complain? Think of three right now. Are they your star performers? Maybe. But I’m betting at least a couple of them are employees with performance or other problems. Here’s the thing: it doesn’t matter. Just because a complaint comes from a serial complainer or someone who has performance problems doesn’t mean it’s not valid. And you still have an obligation to conduct a full and impartial investigation to determine whether it is.
4. Terminate problem employees immediately. In almost every sexual harassment case I’ve investigated where the complaint was substantiated, the complainant was not the first or only person who experienced sexual harassment by the respondent. Usually, he or she is more like the fifth, or fifteenth. If you know who your sexual harassers are, get rid of them. Now. Not only will you protect your company from liability, you will do wonders for morale.
5. Walk the talk when it comes to retaliation. It’s no surprise that the number one reason people don’t complain about sexual harassment is fear of retaliation. And while a written policy prohibiting retaliation is a good start, you have no hope of really selling it unless you regularly check in with your complainants to make sure all is well, and take swift corrective action against those responsible if it’s not. And don’t forget to check for subtle signs of retaliation – if an employee’s performance rating dips or he or she is suddenly being written up following a complaint of harassment, it may be time to ask some tough questions of the manager.
That’s it! I’ll be back next month with my Bad Boss Checklist. In the meantime, I hope you found these tips useful, and I wish you the very best in 2019. Of course, if you ever need assistance with workplace training or investigations, just drop me a note.