WHAT EMPLOYERS SHOULD DO

  1. Make sure your harassment policy is up to date and has been recently communicated to employees.
  2. Conduct harassment training for management if you haven’t done so within the past year. We recommend that the training be live and interactive if possible, or computer-based and interactive if live training is not possible. The senior management should make an appearance at the training to show support for the initiative.
  3. Conduct harassment training for non-management employees. Employee training should cover the following: (a) the type of behavior that can get an employee in trouble/ examples and guidance on what would be considered “harassment” in violation of company policy, (b) what the employee should do if the employee believes he or she may have been a victim of harassment and (c) prohibition on retaliation and how to report it.
  4. Ask yourself whether the company has been tolerating, or ignoring, an employee who has a reputation for acting inappropriately. If you are aware of an employee whose bad behavior has been tolerated for years, this would be a good time to stop tolerating it and start addressing it.
  5. Get outside help for investigations. In many situations, including if individuals in senior management roles are accused of harassment, a third party investigator can provide an objective investigation and legally sound guidance on whether and what remedial action should be taken.

WHAT EMPLOYEES SHOULD DO

  1. DON’T QUIT!  If you quit your employer can contest your unemployment benefits and in some cases, you may be hurting your ability to recover damages for your claims.
  2. DOCUMENT DOCUMENT DOCUMENT:  Employees who believe they are being sexually harassed should keep documents and a diary of the details of the unwanted conduct.
  3. ADDRESS THE PROBLEM:  If comfortable, talk to the person who is engaging in the unwanted behavior and tell them to stop.  Alternatively, report the behavior to a manager or someone with authority.
  4. SEEK LEGAL ASSISTANCE: In most cases, there is a strict time frame in which you can bring legal action.  Seek assistance immediately.  An attorney can assist you by working with the employer to seek a resolution or advise you on you legal rights to file a claim.