Workplace Harassment - Preventative And Corrective Actions Employers Should Consider

An employer's responsibility to exercise reasonable care to prevent and correct workplace harassment is not limited to implementing an anti-harassment policy and complaint procedure. An employer's duty also includes instructing all of its supervisors and managers to address or report to appropriate officials complaints of harassment regardless of whether they are officially designated to take complaints and regardless of whether a complaint was framed in a way that conforms to the organization's particular complaint procedure.

Due care requires management to correct harassment regardless of whether an employee files an internal complaint, if the conduct is inappropriate. For example, if there are areas in the workplace with graffi containing racial or sexual epithets, management should eliminate the graffiti and not wait for an internal complaint to be voiced or submitted.

An employer should ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedure. Periodic training should explain:

1. the types of conduct that violate the employer's anti-harassment policy,
2. the seriousness of the policy,
3. the responsibilities supervisors and managers have when they learn of alleged harassment,
4. the obligation to lead by example,
5. the importance of reporting complaints promptly and to the right people,
6. how to ensure complainants do not walk away frustrated, and
7. the prohibition against retaliation.

An employer should also keep track of its supervisors' and managers' conduct to make sure that they carry out these responsibilities.

Reasonable preventive measures should include screening applicants for supervisory jobs to see if any have a record of engaging in harassment.

Finally, it is advisable for an employer to keep records of all complaints of harassment. Without such records, the employer could be unaware of a pattern of harassment by the same individual. Such a pattern would be relevant to credibility assessments and disciplinary measures.