Should every employer have an anti-harassment policy?

As a general matter, it’s a good idea for every employer to have harassment laws in place, such as a sexual harassment policy or an anti-harassment policy. Having these policies in place can go a long way toward protecting an employer from a sexual harassment lawsuit or other civil rights lawsuit.

There are a wide array of protections available under the law that protect individuals from being harassed or discriminated against. Under various pieces of civil rights legislation, employee discrimination on the basis of race, religion, gender, national origin, age, disability or any other protected status is prohibited. These civil rights laws vary by state. The employee is protected in terms being hired, fired or promoted, and in regards to any of the terms and conditions of employment.

This means an employee can sue if he or she is being sexually harassed, or harassed in any other way, in the workplace, or if the workplace is a hostile work environment on the basis of that employee’s protected status. The employee who is the victim of harassment or discrimination can sue not just the harasser, but the actual company itself for the harassment. Whether a company will be liable, and/or whether the company will have to pay punitive damages, will depend in large part on whether there were resources available to the employee to stop the harassing behavior.

A good anti-harassment policy will not only forbid sexual harassment or harassment or any other kind, but it will also provide a means with which the employee can report harassment to people who are able to take action. For example, the employee must have the option of going to both a boss or higher up individual, but also a separate entity like a human resources department in case the boss is the harasser or is condoning the harassment.

If you have any further questions concerning sexual harassment law, contact a sexual harassment attorney who can answer your questions and offer advice about your anti-harassment policy.

Case Studies: The Importance of Anti-Harassment Policies

Case Study 1: Failure to Implement an Anti-Harassment Policy

A company failed to establish an anti-harassment policy despite operating in a jurisdiction with strict civil rights legislation. As a result, one of their employees, Sarah, faced persistent sexual harassment from a colleague. Sarah felt helpless and had no proper channels to report the harassment.

Eventually, she filed a lawsuit against both the harasser and the company for fostering a hostile work environment. The absence of an anti-harassment policy made it challenging for Sarah to prove that the company was aware of the situation and failed to take appropriate action.

Case Study 2: Effective Anti-Harassment Policy Implementation

A company had a comprehensive anti-harassment policy in place. The policy not only prohibited sexual harassment but also included guidelines on addressing any form of harassment. It outlined multiple reporting channels, including HR, supervisors, and an anonymous hotline. Emily, an employee at the company, faced verbal harassment from a colleague. S

he immediately reported the incident to the HR department, who conducted a thorough investigation. The harasser faced appropriate consequences, and Emily felt supported and safe within her workplace. The existence of a robust anti-harassment policy allowed the company to swiftly address the issue and maintain a respectful work environment.

Case Study 3: Insufficient Anti-Harassment Policy Coverage

A company had an anti-harassment policy that primarily focused on sexual harassment but lacked clarity on other forms of harassment. This policy oversight left employees vulnerable to other types of discriminatory behavior. Daniel, an employee at the company, faced racial discrimination from a supervisor.

However, when he attempted to report the incident, he discovered that the policy did not provide clear guidelines on handling non-sexual harassment cases. This gap in the policy made it difficult for Daniel to seek resolution, leaving him feeling unheard and unprotected.