In yesterday’s Advisor, attorney Jonathan A. Segal presented 25 harassing behaviors to avoid; today, his instructions for supervisors and managers, plus an introduction to an easy-to-use and hard-to-fool checklist-based HR audit system.

Segal, who is one of SHRM’s most popular speakers, is a partner in the Philadelphia office of law firm Duane Morris LLP. His remarks came at the SHRM Annual Conference and Exhibition, held recently in Las Vegas.

Training is critical to avoid harassment in the workplace, and supervisors and managers have to pay special attention to the following rules:

1. Refrain

Supervisors and managers themselves need to refrain from

  • Unlawful discrimination, harassment and retaliation against members of any protected group
  • Other unacceptable conduct, even if not unlawful

2. Report

Managers and supervisors must report all complaints by an employee of unlawful discrimination, harassment or retaliation or other inappropriate conduct to your HR function, even if the employee

  • Requests that nothing be done
  • Asks for absolute confidentiality
  • Does not use legal buzz words
  • And even if you do not believe that the complaint has merit

3. Respond

Supervisors and managers must respond proactively to possible unlawful discrimination, harassment or retaliation or other inappropriate conduct, even in the absence of a complaint. Remember:

  • Silence equals tacit support
  • You cannot tolerate unacceptable conduct even if there is no complaint
  • Consult with your HR function about appropriate corrective action

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4. Remedy

Managers and supervisors must take steps to remedy unlawful discrimination, harassment and retaliation and other inappropriate conduct (even if not unlawful)

  • Focus on inappropriateness, not illegality
  • Consult with your HR Function about appropriate corrective action

5. (Don’t) Retaliate

Finally, managers and supervisors must avoid retaliation or the appearance of retaliation.

  • This prohibition applies not only to complainants but also to witnesses and others who participate in the investigatory process
  • It covers not only tangible employment actions but also
    • Other material terms and conditions of employment
    • Retaliation independent of the workplace
  • The fact that the complaint lacks legal merit is not a defense to unlawful retaliation

Finally, Segal says, although we tend to focus on sexual harassment, remember that these supervisory responsibilities apply equally to unlawful discrimination and retaliation on any basis.

Discrimination and retaliation—critical concerns, no doubt, but hardly the only ones you’ll have to worry about today. Who knows what your supervisors and managers are up to while you’re not looking. The solution? There’s only one: regular audits.

Audits are the only way to make sure that employees in every corner of your facility are operating within policy guidelines. If you're not auditing, someone's probably violating a policy right now.

The rub is that for most HR managers, it’s hard to get started auditing—where do you begin?

BLR’s editors recommend a unique product called HR Audit Checklists. Why are checklists so great? Because they’re completely impersonal, forcing you to jump through all the necessary hoops one by one. They also ensure consistency in how operations are conducted. That’s vital in HR, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.

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HR Audit Checklists compels thoroughness. For example, it contains checklists both on Preventing Sexual Harassment and on Handling Sexual Harassment Complaints. You’d likely never think of all the possible trouble areas without a checklist; but with it, just scan down the list, and instantly see where you might get tripped up.

In fact, housed in the HR Audit Checklists binder are dozens of extensive lists, organized into reproducible packets, for easy distribution to line managers and supervisors. There’s a separate packet for each of the following areas:

  • Staffing and training (incorporating Equal Employment Opportunity in recruiting and hiring, including immigration issues)
  • HR administration (including communications, handbook content, and recordkeeping)
  • Health and safety (including OSHA responsibilities)
  • Benefits and leave (including health cost containment, COBRA, FMLA, workers’ compensation, and several areas of leave)
  • Compensation (payroll and the Fair Labor Standards Act)
  • Performance and termination (appraisals, discipline, and termination)

HR Audit Checklists is available to HR Daily Advisor readers for a no-cost, no-risk evaluation in your office for up to 30 days. Visit HR Audit Checklists, and we’ll be happy to arrange it.

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