Every organization should have a written anti-harassment policy. These policies should prohibit harassment based on all legally protected characteristics. This usually include sex, race, age, disability, and religion, among others. I suggest that most employers should have “zero tolerance” for violations of these policies. But what does that mean?
[Related Webinar: Investigating Workplace Harassment Complaints Without Making It Worse]
What Is Zero Tolerance?
I have written and reviewed anti-harassment policies for over a decade. I have even argued over them in court. You may be surprised that I’ve probably spent more time defending companies for firing employees who violated these policies than I have spent defending employers against claims of harassment itself! It turns out that employees don’t always accept that they’ve harassed someone or, at least, they don’t accept the consequences.
Over the years, I’ve realized that many people don’t understand what the “zero-tolerance” provision of their anti-harassment policy means. They often think it means they must fire anyone who violates the policy. But that’s not what it should mean.
You can have zero tolerance without automatically removing every offender from the workplace. You just have to take harassment seriously and address every violation of the policy appropriately.
Whom Does the Policy Cover?
Zero tolerance means the policy covers everyone.
This includes everyone in the organization, regardless of title, responsibility, performance, etc., all the way up to the CEO and owners. It also includes third parties who interact with the organization: contractors, vendors, customers, clients, etc. No one is important enough to be immune.
No one should be harassing your employees. If they are, do something about it!
Zero Tolerance Responses
Good employers also demonstrate zero tolerance by taking meaningful action when they decide someone has harassed an employee. They don’t decline to act just because the harassment isn’t illegal. (Read more about What Makes Workplace Harassment Unlawful.)
The anti-harassment policy should identify who is responsible for enforcing it and to whom employees should report harassment. Once management knows of a harassment allegation, the company must investigate promptly. Then, based on the investigation, it will decide what steps to take next.
Sometimes the company will conclude that no harassment occurred. Even if that’s the case, it should consider whether anything else should be done. Was there a misunderstanding to address? Will it still be too toxic to have certain employees working together?
And when there is some finding of harassment, the range of potential consequences is broad. In minor cases, it may be enough for the individuals involved to be reminded of the anti-harassment policy, made aware of the concerns, and directed not to retaliate or repeat the unwelcome behavior. Other times, the employer should discipline the offender(s). This can range from a verbal or written warning up to termination of employment.
Employers must also consider whether to act beyond the people involved in specific instances of harassment. Is it time to conduct anti-harassment training across the organization, or at least in a particular department or segment of the company? Do they need to update the anti-harassment policy itself?
If you are responsible for responding to harassment complaints in your organization, check out my free webinar on Investigating Workplace Harassment Complaints Without Making It Worse: My Top 7 Tips for Performing This Unenviable Task That Everyone Wishes Wasn’t Necessary!