How to Create an Anti-Harassment Policy: 9 Effective Steps

Here is an informational table summarizing key takeaways from the article “How to Create an Anti-Harassment Policy: 9 Effective Steps”:

Step	Key Takeaways
1. Define Harassment	Clearly define harassment, including quid pro quo and hostile work environment harassment, and identify all protected categories. The definition should include “unwelcome conduct,” “severe or pervasive conduct,” and an “objective standard.
2. Prohibit Harassment	Explicitly state that harassment of any kind is prohibited, including both verbal and physical harassment. Prohibit retaliation against those who report harassment or cooperate in investigations.
3. Provide Examples of Harassment	Offer specific examples of harassment (e.g., sexual, racial, disability, age) to help employees understand prohibited behavior.
4. Explain the Consequences	Clarify the consequences for both the complainant and the harasser. Complainants may face negative consequences, and harassers may face disciplinary action, including termination.
5. Establish a Reporting Procedure	Implement a clear, confidential procedure for reporting harassment. Ensure multiple reporting options, confidentiality, and anti-retaliation protections. Investigate complaints promptly and thoroughly.
6. Provide Training	Mandatory harassment training should cover the definition of harassment, consequences, prevention, reporting procedures, bystander intervention, unconscious bias, and microaggressions.
7. Review and Update Regularly	Review the policy annually or as laws and workplace cultures change. Solicit feedback from employees, consult attorneys, and benchmark against other organizations’ policies.
8. Communicate the Policy	Distribute the policy in writing, post it in visible locations, and discuss it during training sessions. Ensure it is accessible to all employees, including those with disabilities and non-English speakers.
9. Monitor Effectiveness	Track harassment complaints, conduct surveys, and interview employees to gauge policy effectiveness. Identify gaps and ensure the policy is being followed and enforced.

Let’s discuss in detail:

I. Introduction

An effective anti-harassment policy clearly defines unacceptable behavior, protects diverse groups, outlines accessible reporting procedures with guaranteed confidentiality, and details fair consequences for violations. Regular training and policy updates ensure a safe and inclusive work environment.

An effective anti-harassment policy should be:

• Comprehensive: The policy should cover all forms of harassment, including sexual harassment, racial harassment, and disability harassment.
• Clear and concise: The policy should be written in clear, easy-to-understand language.
• Accessible: The policy should be accessible to all employees, regardless of their job title, language proficiency, or disability.
• Enforceable: The policy should be consistently enforced, and employees should be aware of the consequences of violating the policy.
• Zero tolerance: A zero-tolerance harassment policy is an anti-harassment policy that states that any form of harassment will result in disciplinary action, up to and including termination of employment. This policy sends a clear message to employees that the company takes harassment seriously and will not tolerate it.

II. What is Harassment?

Harassment is any unwelcome or uninvited behavior repeated several times for no purpose other than to insult, intimidate, torment, abuse, or annoy someone, thereby creating discomfort for an individual or generating an uncomfortable workplace. Harassment can be verbal, physical, or non-verbal, and it can occur in person, online, or over the phone.

III. What is an anti-harassment policy?

An anti-harassment policy is a written document that defines harassment, prohibits it in all forms, and outlines the consequences for violating the policy. It should be communicated to all employees and reviewed regularly to ensure that it is up-to-date and effective.

IV. Why is it Important to have an Anti-harassment Policy?

An anti-harassment policy is important because it:

• Creates a safe and respectful work environment for all employees.
• Deters harassment and misconduct.
• Provides clear guidance to employees on what constitutes harassment and what to do if they are harassed.
• Protects employers from legal liability.

V. Developing Anti-Harassment Policy: 9 Effective Steps

Step 1: Define Harassment

When defining harassment in an anti-harassment policy, it is important to be clear, concise, and comprehensive. The policy should define both quid pro quo harassment and hostile work environment harassment and identify all protected categories under applicable law.

Quid pro quo harassment is relatively straightforward to define. It occurs when someone offers or denies a job benefit (such as a promotion, raise, or job assignment) based on whether the other person submits to sexual advances or requests.

Hostile work environment harassment is more complex to define, but there are a few key elements that should be included in the policy definition:

• Unwelcome conduct: The conduct must be unwelcome to the recipient. This means that the recipient must have expressed that the conduct is unwelcome, either verbally or through their conduct.
• Severe or pervasive conduct: The conduct must be severe or pervasive enough to create a hostile work environment. This means the conduct must be more than just a few isolated incidents.
• Objective standard: The conduct must be objectively offensive to a reasonable person. This means that the conduct must be offensive to someone of ordinary sensibilities.

In addition to quid pro quo and hostile work environment harassment, the policy should also identify any other types of harassment that are prohibited. This may include harassment based on race, color, religion, sex, national origin, age, disability, sexual orientation, or gender identity.

Here is an example of a comprehensive definition of harassment that could be included in an anti-harassment policy:

Harassment is any unwelcome or uninvited behavior repeated several times for no purpose other than to insult, intimidate, torment, abuse, or annoy someone, thereby creating discomfort for an individual or generating an uncomfortable workplace. Harassment can be verbal, physical, or non-verbal, and it can occur in person, online, or over the phone.

By clearly defining harassment in the anti-harassment policy, employers can help to ensure that all employees understand what constitutes prohibited behavior. This can help to prevent harassment from occurring in the first place, and it can also help to ensure that employees know what to do if they are harassed.

Step 2: Prohibit Harassment

The second step in developing an anti-harassment policy is to state that harassment of any kind is prohibited clearly. This includes both verbal and physical harassment, as well as harassment that occurs in person, online, or over the phone.

The policy should also prohibit retaliation against employees who report harassment or cooperate in a harassment investigation. Retaliation can include adverse actions such as demotion, termination, or other forms of workplace harassment.

It is important to emphasize that the anti-harassment policy applies to all employees, regardless of their job title, position, or seniority. The policy should also make it clear that harassment will not be tolerated and that violators of the policy will be subject to disciplinary action, up to and including termination of employment.

Here is an example of a statement that could be included in an anti-harassment policy prohibiting harassment and retaliation:

Prohibition of Harassment and Retaliation: [Employer Name] prohibits harassment of any kind, including sexual harassment, racial harassment, disability harassment, and age harassment. Harassment is any unwelcome or uninvited behavior repeated several times for no purpose other than to insult, intimidate, torment, abuse, or annoy someone, thereby creating discomfort for an individual or generating an uncomfortable workplace. Harassment can be verbal, physical, or non-verbal, and it can occur in person, online, or over the phone.

[Employer Name] also prohibits retaliation against employees who report harassment or cooperate in a harassment investigation. Retaliation is any adverse action taken against an employee because the employee reported harassment or cooperated in a harassment investigation.

Employers can help create a safe and respectful work environment for all employees by clearly prohibiting harassment and retaliation in the anti-harassment policy.

Step 3: Provide Examples of Harassment

The third step in developing an anti-harassment policy is to provide examples of harassment to help employees understand what constitutes prohibited behavior. These examples should be specific and relevant to the workplace.

Here are some examples of harassment that could be included in an anti-harassment policy:

1. Sexual harassment:

1. Making unwanted sexual advances or requests.
2. Telling sexual jokes or stories.
3. Displaying sexually suggestive images or objects.
4. Touching someone sexually without their consent.
5. Asking about someone’s sex life or sexual preferences.

2. Racial harassment:

1. Using racial slurs or insults.
2. Making racist jokes or stories.
3. Displaying racist symbols or images.
4. Excluding someone from activities or social groups because of their race.

3. Disability harassment:

1. Making fun of someone’s disability.
2. Using derogatory terms to refer to someone with a disability.
3. Refusing to make reasonable accommodations for someone with a disability.
4. Excluding someone from activities or social groups because of their disability.

4. Age harassment:

1. Making fun of someone’s age.
2. Using derogatory terms to refer to someone because of their age.
3. Making assumptions about someone’s abilities based on their age.
4. Excluding someone from activities or social groups because of their age.

By providing examples of harassment in the anti-harassment policy, employers can help to ensure that all employees understand what constitutes prohibited behavior. This can help to prevent harassment from occurring in the first place, and it can also help to ensure that employees know what to do if they are harassed.

Step 4: Explain the Consequences of Harassment

The fourth step in developing an anti-harassment policy is to explain the consequences of harassment for both the complainant and the alleged harasser. Employees should know that harassment will not be tolerated and that violators of the policy will be subject to disciplinary action, up to and including termination of employment.

1. Consequences for the complainant:

Employees who report harassment should be aware that they may experience some negative consequences, such as:

1. Retaliation from the alleged harasser or their supporters
2. Social isolation or ostracism from other employees
3. Damage to their reputation or career
4. Emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD)

2. Consequences for the alleged harasser:

Alleged harassers who are found to have violated the anti-harassment policy may be subject to disciplinary action, up to and including termination of employment. Other disciplinary actions may include:

1. Demotion
2. Suspension
3. Written reprimand
4. Counseling
5. Legal action

The severity of the disciplinary action will depend on the nature of the harassment and the employee’s disciplinary history.

By explaining the consequences of harassment for both the complainant and the alleged harasser in the anti-harassment policy, employers can help to deter harassment and create a safe and respectful work environment for all employees.

Step 5: Establish a Reporting Procedure

The fifth step in developing an anti-harassment policy is establishing a clear and easy-to-follow procedure for reporting harassment. Employees should know who to report harassment to and what to expect once they have made a report.

The reporting procedure should be designed to protect the confidentiality of both the complainant and the alleged harasser. Employers should ensure employees are not intimidated or retaliated against for reporting harassment.

1. Key elements of an effective reporting procedure:

• Multiple reporting options: Employees should have multiple options for reporting harassment, such as reporting to their supervisor, HR representative, or another trusted employee.
• Confidentiality: The reporting procedure should protect the confidentiality of both the complainant and the alleged harasser. Employers should keep all reports of harassment confidential unless disclosure is necessary to investigate or resolve the complaint.
• Prompt and thorough investigations: All reports of harassment should be investigated promptly and thoroughly. Employers should designate a trained and impartial investigator to conduct the investigation.
• Appropriate disciplinary action: If the investigation finds harassment has occurred, the employer should take appropriate disciplinary action against the harasser. This may include penalties ranging from disciplinary action to being fired.
• Anti-retaliation protection: Employers should protect employees from retaliation for reporting harassment or cooperating in a harassment investigation.

Here is an example of a reporting procedure that could be included in an anti-harassment policy:

2. Reporting Procedure:

Employees who experience or witness harassment should report it to one of the following individuals:

• Supervisor
• HR Representative
• CEO

Employees can also report harassment anonymously by calling the company’s hotline or submitting an online report.

By establishing a clear and easy-to-follow reporting procedure, employers can help to ensure that all employees feel comfortable reporting harassment and that all reports of harassment are investigated promptly and thoroughly. This can help to prevent harassment from occurring in the first place and to create a safe and respectful work environment for all employees.

Step 6: Provide Training on Harassment

The sixth step in developing an anti-harassment policy is to train all employees on the anti-harassment policy and how to prevent and recognize harassment. The training should be mandatory for all employees, regardless of their job title or position.

The training should cover the following topics:

• What is harassment? Employees should learn the definition of harassment, including the different types of harassment (e.g., sexual harassment, racial harassment, disability harassment, age harassment, etc.) and examples of prohibited behavior.
• What are the consequences of harassment? Employees should understand the potential consequences of harassment for both the complainant and the alleged harasser, including disciplinary action up to and including termination of employment.
• How to prevent harassment? Employees should learn how to identify and prevent harassment by creating a respectful work environment, avoiding making offensive jokes or comments, and intervening if they see harassment happening.
• How to report harassment? Employees should know how to report harassment if they experience or witness it. This includes knowing who to report to and what to expect after making a report.
• Bystander intervention: Employees can learn how to intervene if they see harassment happening safely. This may involve speaking to the harasser, supporting the victim, or reporting the incident to a supervisor or HR representative.
• Unconscious bias: Employees can learn about unconscious bias and how it can lead to harassment. They can also learn how to mitigate unconscious bias in the workplace.
• Microaggressions: Employees can learn about microaggressions and how they can create a hostile work environment. They can also learn how to respond to microaggressions respectfully and professionally.

By providing training on harassment, employers can help to create a more aware and respectful workplace. Employees who are trained on harassment are more likely to recognize and prevent harassment, and they are also more likely to report harassment if they experience or witness it.

1. Tips for providing effective harassment training:

1. Make the training mandatory for all employees, regardless of their job title or position.
2. Use various training methods, such as lectures, discussions, and role-playing exercises.
3. Make the training interactive and engaging.
4. Provide employees with opportunities to ask questions and get clarification.
5. Update the training regularly to reflect changes in the law and the workplace.

By following these tips, employers can provide effective harassment training that will help to create a safer and more respectful workplace for all employees.

Step 7: Review and Update your Policy Regularly

The seventh step in developing an anti-harassment policy is to review and update it regularly to ensure it is up-to-date and effective. The policy should be reviewed at least annually or more often if there are law or workplace changes.

1. Why is it important to review and update your anti-harassment policy regularly?

There are several reasons why it is important to review and update your anti-harassment policy regularly:

• To ensure compliance with the law. Laws governing harassment change constantly, and ensuring that your policy complies with all applicable laws is important.
• To address new forms of harassment. New forms of harassment are always emerging, such as online harassment and cyberbullying. It is important to ensure that your policy covers all forms of harassment.
• To reflect changes in the workplace. The workplace is constantly changing, and it is important to make sure that your policy reflects your current culture and climate.

2. How to review and update your anti-harassment policy?

When reviewing and updating your anti-harassment policy, you should consider the following:

• Get input from employees. Encourage employees to provide feedback on the anti-harassment policy and suggest any changes they think are needed.
• Consult with an attorney. An attorney can help ensure your anti-harassment policy complies with all applicable laws.
• Review the policies of other organizations. You can learn a lot by reviewing the anti-harassment policies of other organizations. Pay attention to what other organizations are doing well and what they could improve upon.

Reviewing and updating your anti-harassment policy regularly can help ensure that all employees feel safe and respected in the workplace.

Once you have reviewed your anti-harassment policy, you should make any necessary updates. You should also distribute the updated policy to all employees and train them on the new policy.

Step 8: Communicate the Policy to all Employees

The eighth step in developing an anti-harassment policy is to communicate the policy to all employees in writing and during training. Employers should also post the policy in a visible location in the workplace.

1. Why is it important to communicate the anti-harassment policy to all employees?

There are several reasons why it is important to communicate the anti-harassment policy to all employees:

• To ensure that all employees are aware of the policy. Employees must follow a policy that they know about.
• To reinforce the company’s commitment to a safe and respectful workplace. Communicating the anti-harassment policy sends a message to employees that the company takes harassment seriously and is committed to creating a workplace where everyone feels safe and respected.
• To provide employees with information on how to prevent and report harassment. The anti-harassment policy should provide employees with information on what constitutes harassment, how to prevent harassment, and how to report harassment if they experience or witness it.

2. How do we communicate the anti-harassment policy to all employees?

There are several ways to communicate the anti-harassment policy to all employees:

• Provide employees with a copy of the policy in writing. This can be done by distributing the policy during training, emailing it to employees, or posting it on the company’s intranet.
• Post the policy to your website and social media platforms.
• Communicate and discuss the policy during employee training sessions.
• Post the policy in a visible location in the workplace. This can be done in a break room, a common area, or employee restrooms.
• Send out regular reminders about the policy. This can be done through email, the company newsletter, or other internal communication channels.
• Ensure the policy is written clearly and concisely, avoiding legal jargon and technical language.
• Translate the policy into all languages spoken by employees.
• Make the policy accessible to employees with disabilities. For example, you may need to provide the policy in large print or audio formats.
• Encourage employees to ask questions about the policy. You can do this by holding Q&A sessions or creating a forum where employees can post questions.

By communicating the anti-harassment policy to all employees, employers can help to create a safe and respectful workplace for everyone.

Step 9: Monitor the Effectiveness of the Policy

The ninth and final step in developing an anti-harassment policy is monitoring its effectiveness to ensure that it prevents and addresses harassment in the workplace. This can be done by tracking the number of harassment complaints, conducting employee surveys, and interviewing employees about their experiences with harassment.

1. Why is it important to monitor the effectiveness of the anti-harassment policy?

There are several reasons why it is important to monitor the effectiveness of the anti-harassment policy:

• To identify any gaps in the policy. By tracking the number of harassment complaints and conducting surveys of employees, employers can identify gaps in the anti-harassment policy and make necessary updates.
• Employers can ensure that the anti-harassment policy is followed and enforced by interviewing employees about their experiences with harassment.
• Employers can track the number of harassment complaints and the results of employee surveys to measure the company’s progress in creating a safe and respectful workplace.

2. How to monitor the effectiveness of the anti-harassment policy?

There are several ways to monitor the effectiveness of the anti-harassment policy:

• Track the number of harassment complaints. Employers should track the number of harassment complaints that they receive each year. This data can be used to identify trends in harassment and to measure the effectiveness of the anti-harassment policy.
• Conduct surveys of employees. Employers can conduct surveys of employees to get feedback on the anti-harassment policy and to learn about their experiences with harassment. This feedback can be used to improve the policy and identify areas where the company needs to do more to prevent and address harassment.
• Employers can interview employees who have experienced or witnessed harassment to learn more about their experiences and get feedback on how the company can improve its response to harassment.

By monitoring the effectiveness of the anti-harassment policy, employers can help to ensure that it is preventing and addressing harassment in the workplace.

By following these nine steps, employers can develop an anti-harassment policy that will help to create a safe and respectful work environment for all employees.

VI. Legal Requirements for Anti-Harassment Policies

1. Federal law prohibits employers from engaging in discrimination or harassment based on race, color, religion, sex, national origin, age, disability, or genetic information. This prohibition extends to sexual harassment.
2. Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on race, color, religion, sex, or national origin in employment applicable to all employers with 15 or more employees.
3. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination based on age applicable to all employers with 20 or more employees.
4. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability in employment and applies to all employers with 15 or more employees.
5. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination based on genetic information in employment and applies to all employers with 15 or more employees.
6. Sexual harassment, a form of sex discrimination prohibited by Title VII, can take two forms: quid pro quo and hostile environment harassment.
7. Quid pro quo sexual harassment occurs when a supervisor demands sexual favors from an employee in exchange for a job benefit or threatens the employee with a job detriment if they refuse.
8. Hostile environment sexual harassment occurs when an employee is subjected to unwelcome sexual conduct that creates a hostile or abusive work environment. For example, a supervisor might make sexual jokes or comments to an employee or sexually touch an employee.

In addition to federal law, many states and municipalities have their own laws prohibiting discrimination and harassment in the workplace. These laws may provide broader protections than federal law. They may also cover additional types of harassment, such as harassment based on sexual orientation or gender identity.

Employers must comply with all applicable laws prohibiting discrimination and harassment. This includes developing and implementing an effective anti-harassment policy.

Employers who fail to comply with their legal obligations under anti-harassment laws may be penalized, including fines, back pay, and injunctive relief.

VII. Best Practices for HR Professionals

Here are some best practices for HR professionals:

• Stay up-to-date on the latest laws and regulations related to HR.
• Build relationships with employees at all levels of the company.
• Be fair and impartial in all of your dealings with employees.
• Be confidential and discreet in your handling of employee information.
• Be proactive in identifying and addressing potential HR issues.

HR professionals are vital in creating a safe and respectful workplace for all employees. By following the best practices outlined above, HR professionals can help to build a culture of diversity and inclusion, address harassment and discrimination, and protect the rights of all employees.