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In this blog, we introduce you to a brand new series through which we hope to educate you about a myriad of issues related to workplace sexual harassment and abuse complaints. Before we delve into the discussion, let’s take a short trip back to the year 2017 when allegations of sexual assault, predation, and harassment and rape against Harvey Weinstein, a top Hollywood producer, came to the lime light and, consequently, fueling the #MeToo Movement to motion. Without a doubt, this has become a very sensitive legal issue today, especially since the #MeToo Movement has spurred a renewed interest in litigations concerning workplace sexual abuse and harassment.

Employees have to play a key role in the fight against workplace sexual abuse and harassment. However, the role of being of compliant with anti-harassment policy is the sole responsibility of the employer. Therefore, as we move forward this discussion, we’ll provide employers with a special package on how best to respond and prevent sexual abuse and harassment in the workplace. To this end, this series will focus on three key elements that include (1) how to develop an effective sexual abuse and harassment response and prevention policy, (2) how to disseminate and implement the policy, and (3) how to investigate, respond, and resolve sexual abuse and harassment complaints. As discussed below, Part I of this series will cover the first element.

How to Develop an Effective Sexual Abuse and Harassment Response and Prevention Policy

In order to remain compliant with the anti-harassment policy in their workplaces, all employers must develop a highly effective and comprehensive sexual abuse and harassment response and prevention policy. A comprehensive and effective sexual abuse and harassment response and prevention policy plays a number of role including:

  • Serving as a defense fortress in litigations concerning sexual harassment claims – such a policy creates a presumption in the courtroom that, in case an employee sues you for sexual harassment and/or abuse, you could confidently say that, based on the sexual anti-harassment policy, you attest to a non-harassment, an anti-discrimination, and a non-retaliation policy at your workplace;
  • Encouraging and empowering employees to come forward, speak up, or report sexual harassment and abuse they experience or those experienced by their coworkers;
  • Acting as a road map for making responses towards sexual harassment and abuse complaints in the workplace;
  • Acting as a road map for investigating, resolving, and preventing sexual harassment and abuse complaints in the workplace.

In order to ensure effectiveness and comprehensiveness, any sexual abuse and harassment response and prevention policy should include the following:

  • A straightforward and exhaustive definition of the prohibited behavior – all employers should ensure that their policies contain clear definitions of what sexual harassment and abuse is, those vulnerable to harassment, and categories of sexual harassment and abuse (quid pro quo and hostile work environment harassment);
  • Point blank examples of all forbidden behaviors – every employer should ensure that the policy contains hypothetical workplace sexual harassment scenarios, which make the use physical illustrations (such as spanking), images, and/or written/spoken words (such as request for sexual favors and unwelcome sexual advances);
  • A declaration forbidding any and all forms of sexual harassment and abuse – the declaration should also state that, in addition to abuse and harassment, all form sexual discrimination are prohibited. This declaration should also prohibit harassment and discrimination based on other attributes other than sex. These characteristics include, but not limited to sexual orientation, marital status, age, disability, creed or religion, nationality, color, and race;
  • A clause forbidding all forms of retaliation and/or victimization – every employer must ensure that the policy prohibits all forms of retaliation against employees who lodge complaints of  sexual harassment towards themselves or their coworkers;
  • Applicability to all levels of employees – employers must make it clear that the policy and all its provisions and particulars covers all levels of employees or personnel, irrespective of their relationship with them or title or position in the workplace;
  • Specific channels through which sexual harassment complaints can be made – to prevent victimization and retaliation, a policy should specify what channels should be used in reporting sexual harassment incidents. These channels could include individuals such as middle-level managers or human resource personnel. While employees have the autonomy to report, either verbally or in writing, incidents to those they are comfortable speaking with, it should be made clear that reporting must be done with discretion to protect the reputation of the company or business;
  • A clear outline of procedural investigation – every employer must clearly describe the process through which sexual harassment and abuse complaints would be investigated;
  • A thorough summary of the possible repercussions – an effective policy should outline the consequences of involvement with sexual harassment and abuse in black and white. It should make it clear that in response to a finding that an employee has violated the anti-harassment policy, the employer reserves the right to discipline them in accordance with the policy, up to and including termination of employment;
  • Declaration of privacy and confidentiality of information – in order to encourage employees to speak up against and report sexual harassment and abuse incidents, the policy should make it clear that all information will be handled with discretion and disclosed only as necessary.

In Part II of this series, we’ll discuss and enlighten you on how to disseminate and implement the policy. Stay tuned and always be #UnusuallyMotivated!! In the interim, if there are any questions or comments, please let us know at the Contact Us page!