Complaint Procedures

TL;DR

Employers must establish, communicate, and enforce policies prohibiting harassment, including providing training and multiple accessible parties for reporting.

Transcript

let's take a look at complaint procedures for harassment from an employment law perspective employers should establish communicate and enforce policies prohibiting harassment although failure to adapt 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 reasonabl... Read More

Key Insights

• ❓ Harassment policies should be established, communicated, reiterated, adhered to, and enforced to prevent harassment effectively.
• 🍵 Training can make employees more aware of expected conduct and how to handle harassment situations.
• ❓ Workplace civility training, focusing on positive interactions, can address issues beyond conventional harassment training.
• 🏛️ Harassment policies should cover electronic communications and address harassment based on protected class characteristics.
• 🥳 Employees must be provided with multiple accessible parties to report harassment and should be protected from retaliation.
• 🪡 Employers need to take concrete actions, including training and preventive measures, to prevent harassment effectively.
• 😨 Complaint processes cannot be effective if employees fear retaliation for using them.

Questions & Answers

Q: Why is it important for employers to have policies prohibiting harassment?

Having clear policies prohibiting harassment is essential for preventing and addressing instances of harassment in the workplace. It helps employers show that they have taken reasonable care to prevent harassment and can establish an affirmative defense if a complaint is made.

Q: How should harassment policies be communicated to employees?

Harassment policies should be included in employee handbooks, available in multiple languages if necessary, and posted in visible areas. They should also be discussed during employee orientation and made the subject of training sessions to ensure employees are aware of the policies.

Q: What is workplace civility training and why is it important?

Workplace civility training focuses on teaching employees how to interact with each other in a respectful and professional manner. This type of training is valuable as it emphasizes positive behaviors instead of solely focusing on what employees should not do, which can help prevent harassment and workplace bullying.

Q: How should employees report harassment?

Employees should be provided with multiple accessible parties to report harassment, and under no circumstances should they be required to report harassment to their alleged harasser. The complaint process should also provide strong assurances that employees reporting harassment will be protected from retaliation.

Summary & Key Takeaways

• Employers need to establish and enforce policies prohibiting harassment to effectively prevent it.

• Harassment policies should be communicated, reiterated, and enforced through employee handbooks, training, and visible postings.

• Training on workplace civility and conflict resolution is increasingly important in preventing harassment and workplace bullying.