What is an Effective Anti-Harassment Policy

An effective anti-harassment policy sets forth an employer’s commitment to equal employment opportunity and providing a workplace free of discriminatory harassment. It contains a comprehensive policy forbidding harassment based on any protected category. This includes race, color, religion, sex (sexual or non-sexual), national origin, age, disability, and retaliation, plus it will provide an effective complaint procedure.

The anti-harassment policy and complaint procedure should:

• Clearly explain what constitutes prohibited conduct;
• Provide a commitment to protect from retaliation all employees who complain or who provide information related to claims;
• Describe a complaint process that gives employees an effective method of bringing complaint;
• Require an employer to keep confidential, to the extent possible, the identity of the employee bringing the claims;
• Require a prompt, thorough, and impartial investigation; and
• Insure that an employer will take appropriate disciplinary action when harassment has occurred.

An effective policy must address both sexual and non-sexual harassment. It should set forth an independent investigation process with clearly defined procedures designating the positions to which complaints are reported, including positions outside of the victim’s chain of command. The policy should require immediate and appropriate corrective and disciplinary actions to eliminate harassment.

Additionally, an effective anti-harassment policy should include periodic training programs for an employer’s supervisors and managers to make sure they understand their responsibilities. At a minimum, the training should explain what violates the policy, the obligations of the supervisors and managers, and the prohibition against retaliation.

A company that does not have an effective anti-harassment policy leaves itself open to liability from harassment claims. If an company does not have an anti-harassment policy or an effective complaint procedure, than it faces almost certain liability if a valid harassment claim is made.

If any reader has any questions or would like information on establishing such policies, procedures, or training programs, please get in touch with us at the contact page or 713-984-9400.

This informational memorandum from the law offices of Thomas D. Solomon is provided as a courtesy to our friends and clients to provide them with items of interest in the employment area. It is not and is not intended to be an exhaustive treatment of its subject matter, but rather an overview of some of the pertinent elements of such subject. It is not intended to be legal advice or a legal opinion and should not be relied on in making legal or business decisions. If you have any questions, please call us.