Complaint Procedures

Employers should establish, communicate, and enforce policies prohibiting harassment Although failure to adopt a policy is not, by itself, a violation of the law, a policy is basic to preventing harassment. Employers will generally not be able to show that reasonable care to prevent harassment was exercised and establish the affirmative defense in the absence of a formal policy. Real policies have more than a “paper existence”; they must be communicated, reiterated, adhered to, and enforced.

Harassment policies should be included in employee handbooks, made available in multiple languages when necessary, posted in visible areas, discussed when orienting new employees, and made the subject of training. The efficacy of training in the prevention of harassment is open to question. When performed appropriately, training can make employees more aware of the conduct expected of them and what to do if they are confronted with harassment.

In recognition of the limitations of conventional harassment training and of the wider problem of workplace bullying, there is increasing interest in “workplace civility training.” Such training, which typically incorporates interpersonal, conflict resolution, and supervisory skills, has the virtue of focusing on what employees should do when interacting with one another, rather than just what they should not do. Employers should provide training regarding prevention of harassment (and discrimination more generally).

This training needs to be of high quality, geared toward the particular employee audience, and part of a larger set of preventive measures. An adequate policy must unequivocally inform all employees that harassment is prohibited by company policy and the law and will not be tolerated. Concrete examples of harassment can be helpful, provided it is made clear that no listing of harassing conduct is exhaustive.