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One of the best tools for preventing and eliminating discrimination and harassment in the workplace is a written company policy. Such a policy should express strong disapproval of discrimination and harassing behavior and should stress that the company will take appropriate disciplinary action against individuals who violate the policy. |
Employers should provide each employee with a copy of the policy, written in plain and easy-to-understand language, and redistribute it periodically. Employers should also post copies of the policy and complaint procedure in central locations, include a copy in employee handbooks, and inform all new employees about the policy through the orientation program.
Elements of an effective policy include the following:
1. A clear statement that defines discrimination and harassment and describes the behaviors that are prohibited (e.g., prohibiting discrimination and harassment on the basis of race, sex, religion, and so on). The policy should include examples of such prohibited conduct.
2. A statement that defines the individuals covered, including job applicants and employees.
3. Language that encourages employees to report harassment before it becomes severe or pervasive. This is important — liability may be avoided if a complaint is made before the harassment escalates to the level of what is called a “hostile environment.”
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4. A clearly explained complaint procedure, designating the various channels by which employees may present their complaints, including alternative channels for making a complaint so that an employee will feel comfortable (i.e., an established chain of command for the complaint process).
5. A clear statement that the employer will not retaliate against employees for lodging complaints. Retaliation against an employee who complains should be prohibited in the procedure as a separate violation of the company policy against harassment.
6. An assurance that complaints will be held in confidence to the maximum extent possible. (However, employers should avoid making assurances of absolute confidentiality, because such confidentiality may not be possible and may also inhibit investigations.)
7. A procedure for a speedy, thorough, and objective investigation that respects the rights of both the accuser and the accused.
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8. A procedure for initiating prompt remedial action (up to and including termination) against the offending party if investigations reveal wrongdoing.
9. A statement indicating that no one — regardless of his or her standing within the company — is immune from discipline under the policy.
10. A description of training requirements.
A.B. 1825, of course, requires most California employers to provide their managers with sexual harassment training every two years.
Don’t let your training obligations slip through the cracks — or, nearly as bad, waste time and money on training that doesn’t meet the stringent requirements of what A.B. 1825 requires (your managers might wind up more or less up to speed, but you’ll be out of luck in the event of a lawsuit or government audit).
Our California Sexual Harassment Prevention and Response (AB1825) training course provides California employers with everything you need to satisfy the training requirement, including a 2-hour minimum course length, interactive content, expert “help link,” employee policy acknowledgement, and more.
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