Anti-harassment policy? Check. Complaint procedure? Check. Training? Check. What more can an organization do to avoid harassment in the workplace? One thing they must do is hold their managers accountable.

For many employment law purposes, managers and supervisors are “the employer.” They are the ones whose actions can most directly lead to the business itself being liable. But that’s not the only reason they need to be held accountable.

You don’t need a lawyer to tell you that good managers and supervisors are vital to business success. But maybe I can help you think about how important the issue of workplace harassment is.

[And if you want to learn more about how to investigate workplace harassment complaints, watch my free webinar.]

Harassment Doesn’t Prevent Itself

“Harassment” is a broad term. It could include simply being obnoxious, which isn’t necessarily illegal. But when talking about workplace harassment, we typically mean unwelcome conduct related to a legally protected category. It’s not just sexual harassment. Discrimination laws prohibit harassment based on numerous characteristics. Age, race, disability, and religion are just a few of the most prevalent.

No workplace with more than a few employees can simply rest assured that these topics won’t come up in ways that make some employees uncomfortable. You must be proactive both to prevent harassment in the first place and stop it before it escalates. Even if managers themselves avoid doing or saying inappropriate things, they must keep other employees in line.

All Harassment Is Bad for Business

Not all harassment that occurs at work violates employment discrimination laws. [For more on the legal nuances, read What Makes Workplace Harassment Unlawful?.]

But virtually all workplace harassment has negative consequences. If nothing else, it makes the victim of harassment less comfortable in their job. That usually hurts productivity. Lower productivity creates plenty of problems, including lower overall morale. Reduced worker morale also leads to higher absenteeism and even lower productivity. Eventually this can mean lower revenue. Loss of profits can necessitate layoffs. . . .

And all that can occur if only one employee perceived harassment just once! Nevermind that the employee may tell a co-worker, who may also become uncomfortable. The second employee’s discomfort can be because they also feel offended by what the “harasser” did. Or just because they feel bad for their co-worker. Or because they don’t know whether they should tell someone else, etc.

As the story spreads, potentially with some details morphing in various directions, many employees become involved. And the impacts on the organization multiply.

Managers’ Role

Sure, managers have many duties. But, generally, a primary function is to keep other employees productive. Hence, they can’t tolerate harassment and its potentially disastrous implications.

Yes, it’s a given that managers must understand what harassment is and refrain from engaging in it. They should set the example for the people below them. This alone is easier said than done.

Beyond that, all managers have to be attentive to what other employees are doing and respond when someone crosses the line. They can’t hear something inappropriate and just write it off as an innocent joke. If there is any indication that the conduct may have offended someone, then the manager must step in, at least to report it to the appropriate personnel so they can investigate.

Similarly, when employees report incidents of possible harassment to managers, the managers can’t just handle it themselves. They must involve others as appropriate, consistent with the organization’s anti-harassment policy. Usually, the company will need to investigate carefully, and the manager may not be the right one to do that.

Besides the effects on morale and productivity, there are legal consequences when managers don’t do the right things.

Employer Liability

Employers are strictly liable when an owner or high-level manager commits unlawful harassment. In these cases, the employer can argue that no harassment occurred. But it probably won’t avoid liability by proving that the victim didn’t report the harassment.

Employers may also be automatically liable for harassment by lower-level managers and supervisors with sufficient control over the working conditions of the victim.

When coworkers or lower-level managers with no direct control over the victim’s working conditions engage in harassment, their employers are not necessarily responsible. In these cases, the employer’s legal obligation usually kicks in only when it (through higher level managers) knew or should have known about the harassment.

Manager Liability

The New York Human Rights Law, unlike Title VII, directly holds some managers accountable for harassment. It permits individual liability for both employees who commit harassment and supervisors who ignore their duty to investigate and remedy it.

Although plaintiffs usually file harassment complaints against the employing entity, they sometimes also name individual employees as defendants. Depending on the circumstances, the employer may or may not pay for the manager’s legal defense or any settlement or verdict against him or her.

How To Hold Managers Accountable

First, position them for success. Employers should provide training for all managers on harassment, including their heightened responsibilities in dealing with it.

Second, monitor managers’ performance in this area. If nothing else, pay attention when complaints come forward. Determine which managers may or should have known something sooner. Investigate that and the incident of harassment.

Third, discipline when warranted. Remember all the potential costs of harassment to your company? You can’t afford bear those repeatedly. If a manager put the business at risk by not handling a harassment situation properly, don’t just let it go. Sometimes it may be sufficient to retrain the manager. In more egregious situations formal discipline up to termination may be in the company’s best interest, even if the manager brings a lot to the table in other areas.

Fourth, hire the right managers. Arguably, this could be the first step. But few employers will start out by focusing on hiring people who are good at freeing a workplace of harassment. That can change, though, after a couple of bad situations come to light. Remember that just because someone is great at making widgets, it doesn’t mean they will make a great widget manager. It’s more likely that a great manager can succeed in the role even if they don’t personally know how to make the widgets. As long as they can keep the people who are great at making widgets in line, the business can be productive.

For those whose role includes investigating harassment complaints, don’t miss my Top 7 Steps for Investigating Workplace Harassment Complaints.