Advice from lawyers specialized in workplace harassment on preventive and corrective measures

Workplace harassment lawyers advise companies that it is their duty to implement sensible policies to thwart and remediate harassment that goes beyond enforcing anti-harassment rules and the complaint procedure. Likewise, they point out that the obligation of a company also consists of educating its administrators and executives so that they attend to or report to the competent authority matters of workplace harassment even if they have not been formally delegated to respond to such complaints and even if the complaint has been framed. in a manner that does not conflict with the company’s specific grievance procedure.

Should management observe or even suspect inappropriate behavior, reasonable care demands that they investigate the matter, whether or not employees file an internal complaint. For example, if there are places in the office with graffiti that spews racial or sexual slurs, management must remove the graffiti even before someone voices a complaint.

Workplace harassment lawyers believe that companies should ensure that their managers and executives understand their duties under the organization’s policies governing workplace harassment. Periodic training has to explain:

• The types of behavior that are prohibited by the company’s anti-harassment policy.
• The importance of politics.
• The duties of managers and executives are to observe or even suspect workplace bullying issues.
• The responsibility to lead by example
• The value of filing a formal complaint immediately with the appropriate authority
• Actions necessary to fairly address whistleblowers’ need for redress
• The prohibition of retaliation

A company must also monitor the behavior of its managers and executives to ensure that they put what they have learned into practice.

Realistic precautionary practices should include interviewing applicants for supervisory positions to see if they have a history of exhibiting, promoting, or tolerating harassing behavior.

Lastly, companies are encouraged to keep written records of all reports of workplace bullying. If records are not kept, the company may not be aware of patterns of harassment by repeat offenders. These patterns would be vital for integrity assessments and disciplinary action.