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7 keys to a strong sexual harassment policy
In an environment where policies and management are under increased scrutiny, it is important for an organization to do all it can to ensure its sexual harassment policy is comprehensive and effective.
In an environment where policies and management are under increased scrutiny, it is important for an organization to do all it can to ensure its sexual harassment policy is comprehensive and effective.
Medical practices need to take steps to prevent or defend against sexual harassment claims. A comprehensive sexual harassment policy is the first step, and effectively communicating and implementing it helps employees understand what constitutes harassment in the workplace.
By outlining the rules and consequences for violating them, employers are better prepared to effectively respond to claims.
Jennifer Lee-Cota, JD, and Kirstin Story, JD, workplace litigation attorneys, provide the following 7 keys to a strong sexual harassment policy.
Make a strong statement
A good policy starts with a clear statement that sexual harassment will not be tolerated. Taking a strong stance against harassment can help employees understand that claims will be taken seriously and perpetrators will face consequences. It also helps foster an environment where victims aren’t afraid to come forward.
Define the behavior
Provide an easily understandable definition of sexual harassment along with specific examples of unacceptable conduct. The policy should stress that these are only examples and that any unwanted sexual advances that interfere with an individual’s work performance can be considered sexual harassment.
Describe reporting procedures
The policy should articulate clear reporting procedures, informing employees of their rights and explaining how to report sexual harassment issues. Complaint procedures should identify at least two individuals at various levels of the practice who can receive complaints. For smaller practices, an outside firm may need to be retained to provide this service.
Provide a safe, confidential platform
To further encourage reporting, the policy should provide anti-retaliation assurances. It should also include a confidentiality statement. While confidentiality cannot be guaranteed because of the requirement to investigate the claim, the practice should explain that information related to the claim will be shared only on an as-needed basis.
Explain the investigation process
The policy should outline the investigation process and make it clear that all complaints will be promptly and thoroughly investigated.
Document receipt
Once your policy is written, it is important to distribute it to all employees and provide policy training to all staff. Employees should provide a written acknowledgment that they have received, read and understand the policy. These receipts should be kept in each employee’s personnel file.
Get additional help
For questions on how to draft and implement your policy, contact an attorney who is familiar with employment discrimination issues.