Page 12 - OCMS3Q21

HUMAN RESOURCES
Preventing Harassment in the Workplace
By Jodi Schafer, SPHR, SHRM-SCP | www.workwithHRM.com
QUESTION: As the managing partner of a small busi- ness, I am concerned the potential liability of sexual harassment. I have overheard and have actually participated in a little bit of banter between staff members and the partners that may be considered sexual in nature. I have never had any complaints about this banter but I’m worried that I could in the future. Let’s make sure that we have what we need in place to protect practice. What should I do to make sure we are protected?
ANSWER: Sexual harassment was established by a landmark US Supreme Court order from a lawsuit where an employee was expected to provide sexual favors to keep her job. This, the court said, created a hostile work environment and was a violation of Title 7 of the Civil Rights Act of 1964. The court ordered the Equal Employment Opportunity Commission, (EEOC) to write rules to address sexual harassment. Harassment guidelines have been expanded over the years to include all protected classifications, i.e. race, religion, gender, etc. A claim of harassment can be expensive in many ways. It can cause lost production, result in high legal fees, negatively impact team work, cause per- sonal problems, and may likely cause turnover. If the claim is made public, it will be a public relations nightmare.
To protect yourself and your business, the first thing you need to do is make sure you have a thorough policy that outlines what harassment is and requires reporting of claims to management. Your policy must also explain that when members of leadership are presented with a claim, they will ensure it is thorough- ly and completely investigated. Upon the conclusion of the investigation any disciplinary action taken against any of the people involved must be documented. This includes claims that are made directly and those that are implied. Be aware, MOST CLAIMS ARE IMPLIED!
Your liability is not reduced if the employee refuses to make a direct claim.
Once a policy is established, it must be communicat- ed to all staff. All employees of the company, especial- ly all of the owners and senior managers, should receive training that explains the different types of harassment, provides a review of the policy, identifies your reporting system and teaches all members of leadership how to identify and address concerns that
12
come to them. Attendance to this training must be
mandatory and documented.
is your current culture. Banter of a seBxuyaJlondaitSucrheawfiellr, SPHR, S
never be appropriate in the workplace. Consider
The greatest concern I have based on your question
taking a broader view, and discussing the type of
behavior you want to encourage, not just the illegal
behavior you want to prevent. Code of Conduct poli-
cies can be a natural supplement to Anti-harassment
policies because they define what appropriateness in
yourworkplacelookslikeandprohibimtsRtNraAnsvgarcecsinseiosnfsromPfize
still be harmful to your culture.
in harassment claims and if an employHeoewpeevrecre,igvoeisntghseo far as t
that may not rise to the level of harassment, but may
Perception and inappropriate behavior play big roles
banter to be offensive, then it is - even if they actively
took part. It is common for employees not to report
complaints when they have been harassed. They may
hint or make comments about behaviors. They may ask
other employees what they experienced. If they do
cometoamanager,theymayaskthatctohnevierrcsoanticoenrsnbweith each
kept confidential. Essentially, they do not want to
cause any problems. No matter, you must still conduct
an investigation and if necessary, discipline the perpe-
trator. All too often, this person was not the first or
the only. It is imperative that harassmoenet.and the
inappropriate lead-up behaviors be taken seriously
1. Distrust of the ex and much more than lip service be given to com-
plaints, not matter how subtly they are made.the process a vacc
Addressing Commo Vaccine
While the exact percentag
than 200 million people
immunity and halt the e
vaccination.1 While vacc
Employers, especially heal among their team, which i
There are also potential m
decisions, not to mentio
vaccination among your te
is on the fence or oppos
unfounded concerns or fe
aid you in this endeavor, I
opposed to the vaccine an
use
There are nts relat
oronavir ng effect at long. ny barri
support t , the co t to begi he timel
to the d efficac for the
.
J o d i S c h a f e r i s a c e r t i fi e d S e n i o r P r ocf eosms i opnoanl e
in Human Resources (SPHR, SHRM-SCP) and
the owner of Human Resource Management
Services. Jodi has a bachelor's deegvreaestianti
psychology and education from Kalamazoo
College and over 20 years of experience in
human resource management. rSehme owvaes a
recognized as one of the ’10 Over the Next
Ten’ in the next generation of business
l e a d e r s b y t h e L a n s i n g R e g i o n a l C h i an m f bu e n r d o i f n g
Commerce, and accepted the MSAE Association Choice award on
behalf of HRM for the consulting services category. Jodi sits on several statewide committees focused on human resourceedpuocliecyd t and leadership development. She is a regular contributor to various industry publications and author of a ready-to-use HR
and training seminars on all aspects of human resources including
s y s t e m f o r s m a l l e m p l o y e r s . J o d i c o n d u c t s s p e a k i n g e n g aAgcecmoerndt si n g
employee relations, leadership skills, performance development, on-boarding, recruitment and retention. protocols
Pfizer’s c
to wait th
billion to
green ligh
safety an
public-pri
vate par Rather than elim
SEPTEMBER/OCTOBER 2021 | WWW.OCMS-MI.ORG simultaneously, s
n
H
—
p i
t
o n
a
p
u s
e
o n i
H y
t u 1https://wwwmayoclinicorg