Below is a guest post from Steven Burrell, an HR expert. I believe some of our readers will find this information useful:
If an employee files a harassment
lawsuit, it can spell doom for a small business just starting out that doesn't
have much money. And even for larger companies, it means taking time and
resources away from other parts of the business in order to deal with the
problem.
But what is workplace harassment,
exactly? Contrary to popular belief, someone doesn't have to be specifically
targeted or discriminated against to sue. Any actions, behavior, conduct, or statements
made about or to a person or group that creates a work environment deemed
"uncomfortable" can be considered harassment. Oftentimes when a claim of workplace
harassment is put forward, it is done so in conjunction with one claiming a
"hostile work environment."
With such a wide umbrella covering
the things that could potentially be considered harassment, most businesses
today include a policy about harassment in their handbook and outline what is
considered unacceptable behavior in a broad and all-encompassing manner. Many
even include training for new employees on the rules and put out educational
material to help them better understand the policy and the repercussions.
But even if you have a policy, that
doesn't mean that you can sit on your laurels. Here are several reasons you
might want to revise your current policy.
The law has changed. Many companies model their policies after local and
national laws on workplace harassment, but if you have had your policy in place
for a long time, it's quite possible that updates to the law have made it
obsolete. It is of vital importance that you always stay up-to-date on any
alterations to the law, because one small omission could end up being the thing
that takes a huge bite out of your company coffers.
You've had an incident. No company wants to have to deal with a situation where one
of their employees feels uncomfortable at work, but sometimes it happens. If
you are in the middle of dealing with an incident of harassment or recently
went through one - whether or not it turned into a lawsuit - it's probably a
good time to look at your existing policy and see if there is anything that you
can clarify or strengthen. This way, you're not only protecting yourself, but
your employees from having to go through a similar situation.
To go above and beyond. One of the best ways to avoid a lawsuit is to make sure
that your policy on harassment not only meets the requirements of the law, but
exceeds them. In fact, it can be quite valuable to even state in the text of the
policy that the company holds its employees to a higher standard than the
current laws, and that conduct and comments don't have to violate the law in
order to violate company policies. This way, it can be easier for you to handle
things in-house when an employee says they feel harassed without it escalating
into a full-blown legal claim.
For example, some lawyers use the
mere evidence that you disciplined an employee or had them go through
counseling to prove that there was harassment that violates the law, but if
your policies go beyond what the law requires, this can be difficult to prove.
If and when you do decide to make a
change to your current harassment policy, don't just go into it blindly and
start altering the wording. Consult with a lawyer who has expertise in this
area. You need legal professionals crafting the language in the statement so
that it's airtight - both for clever attorneys who try to come in and parse
your words in order to help their client sue the company, and for employees looking
for a way to argue that they didn't know their behavior was wrong.
About the Author: Steven Burrell has been writing about business solutions and human resources for many years. Click here to read more about how employee assessment testing can benefit your business.
This blog is for general informational purposes and represents only the views of Steven Burrell, the author of the post. It is not a legal advice.
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