In yesterday’s Advisor, we looked at definitions of many common terms in the confusing world of gender discrimination. Today, some tips for avoiding the lawsuits that come in all these varieties.
There’s bad news on the gender discrimination front for employers: When cases do go before a jury, judgments have skyrocketed. For example, in 1991 the average harassment award was $141,000. Now, it’s more like $1 million.
What’s more, some states, such as California, are imposing personal liability on those who know of harassment and take no action to stop it. In a recent case, the firm involved was hit with a harassment judgment of $1.7 million. But two supervisors were each ordered to put $50,000 of their own money toward that total.
The takeaway from these dispatches from the harassment front: It’s both good business and the right thing to do to set up a program that discourages harassment from happening, and that responds quickly and effectively if it does.
Does your antiharassment program meet all government guidelines for avoiding lawsuits? Make sure with BLR’s highly-regarded Sexual Harassment: Essentials of Prevention and Response. Try it free. Read more
Court decisions also show that having an effective anti-harassment program can be a factor in your favor if you are hauled into court. They can constitute part of a “safe harbor” defense for some harassment situations.)
How do you set up an effective program? Although there are many prepared programs available, our editor’s recommend BLR’s Sexual Harassment: Essentials of Prevention and Response. Here are the basic elements of the program. (Try to ensure they are in whatever program you choose.)
Fundamentals of Harassment
First, all managers and supervisors need a thorough overview, in plain English, of what harassment is and isn’t; of who in your organization (and surprisingly, who outside it) can cause you problems. Also, who can be held liable and how to investigate harassment charges in a way that will stand up to scrutiny.
Policy
The heart of your program is your anti-harassment policy. The prewritten sample policies in Sexual Harassment: Essentials of Prevention and Response include every essential element that law, agency guidance, and court precedent have dictated must be there.
Complaint Procedure
All experts recommend that your procedures include several avenues for making a complaint (for example, to the immediate supervisor, the HR department, or a telephone hotline) so that everyone has at least one way to report that isn’t intimidating.
Nowhere to hide. Once harassment lawsuits are filed, you’re in for an expensive ride, even if you “win.” Take control now with BLR’s Sexual Harassment: Essentials of Prevention and Response. For more information or to order at no-risk, click here
Harassment Training
Court cases have established that, even with a strong policy, if you don’t do the requisite training, you’re still liable. The book provides the most effective training techniques, and includes an evaluation scheme to prove your training was effective.
State Harassment Laws
The states have been even tougher than Uncle Sam in passing anti-harassment statutes. The BLR program includes anti-harassment requirements in all 50 states.
Also included is the complete text of relevant federal law and EEOC guidance memos on sexual harassment. And because sexual harassment is only one focus these days, many of the materials are also easily adaptable for combating other forms of harassment, including race, gender, age, religious, national origin, and disability. Fighting discrimination in all these forms is a current EEOC focus.
HR Daily Advisor has arranged for subscribers to evaluate Sexual Harassment: Essentials of Prevention and Response in your own office, on a 30–day, no-risk basis. Click here and we will be glad to arrange it.
For more information on Sexual Harassment: Essentials of Prevention and Response, or to order at no-risk, click here