Human Resource managers are pulled in many directions, especially in the current economic climate of layoffs, downsizing and furlough programs. Continued monitoring of your employees’ behavior is the workplace is now more important than ever.
DO: Conduct regular harassment and discrimination prevention training.
Your organization should conduct high-quality, legally defensible training at least once a year. New hires and newly promoted managers should be trained within 30 days of assuming their job/new duties.
DO: Enforce your organization’s anti-harassment policy.
The U.S. Supreme Court gave employers a powerful affirmative defense in harassment claims, which is only available if an organization “exercises reasonable care” – including consistent enforcement of harassment prevention policies.
DO: Insist your employees maintain professional boundaries.
Most harassment situations arise because employees are not maintaining appropriate professional boundaries. Ensure that employees do not touch each other (back rubs, hugs) or engage in joking or conversations regarding sex, gender, national origin, race, religion, etc.
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DON'T: Fail to investigate potential harassment or discrimination claims.
Harassment complaints come in many forms – a simple offhand comment or an employee expressing dislike with their supervisor. Any comment that relates to any of the protected categories must be investigated.
DON'T: Allow managers or coworkers to retaliate against a harassment complainant.
If an employee has brought a harassment or discrimination complaint, work closely with their supervisor to ensure no employment actions are taken that can be viewed as retaliation. Make sure coworkers don’t retaliate by giving the complainant “the silent treatment.”
DON'T: Stop monitoring the workplace.
HR is pulled in many directions, especially in an economy of layoffs, downsizing and furlough programs. Continued monitoring of employees’ behavior is the workplace is now more important than ever.
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About Lynn Lieber: Lynn D. Lieber, Esq. is a seasoned employment law attorney and a nationally recognized spokeswoman on harassment and discrimination law. Lieber is also founder and CEO of Workplace Answers-- a San Francisco-based provider of Web-based legal compliance education. Her areas of expertise include:
· Employment law, changes in laws, and how changes affect businesses
· Unlawful harassment prevention
· Protected categories under Title VII, the Civil Rights Act of 1964
· Sexual harassment prevention
· California’s AB 1825 legislation
· Workplace violence prevention
· Workforce management
· Sarbanes-Oxley/Ethics
· Workplace diversity and related business strategies
· Employment leave laws
· HR policy acceptance
· Legal compliance education
