How To Deal With Harassment at Work as a Manager?

Harassment in the workplace can significantly impact employee well-being, productivity, and the overall work environment. Dealing with it effectively has a number of advantages, including creating a positive and safe work culture and environment and keeping employees motivated and productive. 

This article explores how to manage workplace harassment, the importance of protecting a company’s reputation, and specific laws related to harassment in California. Read on to learn more. 

What is Workplace Harassment?

Harassment at work can be defined as any form of unwelcome behavior that demeans, threatens, or humiliates an individual employee based on specific characteristics such as race, gender, age, religion, disability, sexual orientation, or national origin. 

Harassment can take the form of verbal, physical, or visual abuse. It ranges from inappropriate jokes and comments to more severe forms of abuse, such as physical threats or assaults.

Here is a list of the different types of harassment: 

1. Verbal harassment: This includes insults, offensive jokes, slurs, or derogatory remarks about someone’s identity.
2. Physical harassment: Unwanted physical contact, ranging from touching and grabbing to more extreme forms of physical violence.
3. Visual harassment: Showing offensive or derogatory images, such as posters, cartoons, or emails.
4. Sexual harassment: Unwanted sexual advances, inappropriate remarks about someone’s appearance, or asking for sexual favors. This includes both quid pro quo harassment, where job benefits are tied to sexual favors, and the creation of a hostile work environment.

Harassment can occur across all levels in the workplace. This means it can happen between coworkers, supervisors and subordinates, or even clients and employees. One thing to remember about harassment is that it is not always obvious. Things that you do per allow as a manager can contribute to creating an uncomfortable and hostile environment. This is true even when you think it’s no big deal or even if you are from a culture where it is allowed or acceptable. 

This is why specific harassment training is important. Don’t leave anything to chance. Make sure everyone in your organization is on the same page with company-wide training. 

What Steps Do Managers Take to Handle Workplace Harassment?

Workers have every right to stand up for themselves and take advantage of anti-harassment laws; however, managers have the unique responsibility of cultivating a company culture that doesn’t tolerate harassment or allow it to flourish. 

There are clear steps that managers in organizations can take to address workplace harassment. 

1. Create a Clear Anti-Harassment Policy: Organizations should have a comprehensive anti-harassment policy that defines harassment, explains the complaint process, and outlines potential disciplinary actions. Ensure this policy is easily accessible to all employees.
2. Implement Training and Awareness Programs: Implement regular training sessions to educate employees on what constitutes harassment and how to report it. These programs can empower employees to recognize and address inappropriate behavior early.
3. Encourage Open Communication: Foster a work environment where employees feel comfortable voicing concerns. An open-door policy can encourage individuals to report incidents of harassment without fear of retaliation.
4. Take Immediate Action: When a complaint is received, respond promptly. Conduct a thorough investigation and take necessary disciplinary actions. Showing employees that harassment is not tolerated can deter future incidents.
5. Support Victims: Ensure that the victims of harassment feel supported throughout the process. This may include offering counseling services or making necessary changes to their work environment.

How to Protect Your Company’s Reputation Regarding Harassment?

Managers should combat workplace harassment primarily to protect employees and make sure workers feel safe in the workplace. However, managers should also pay attention to how harassment can severely damage their company’s reputation. This is especially true  if incidents become public or legal action is taken.

 To protect your company’s reputation, consider the following strategies:

1. Have Proactive Policies: A company that proactively addresses workplace harassment will be seen putting employee well-being first. Transparent, effective policies not only prevent harassment but also demonstrate that the company values workers and cares about creating a positive work environment for them.
2. Take Swift and Decisive Action: If harassment allegations arise, the company’s response must be swift and thorough. Investigations should be conducted fairly and efficiently, and any necessary actions — whether reprimands, dismissals, or policy changes — should be prompt. This will show that the organization prioritizes safety and ethics over protecting individuals who may be harmful to the company’s culture.
3. Maintain Confidentiality: During and after the harassment investigation, maintain confidentiality to protect both the victim and the accused. Revealing sensitive details unnecessarily can lead to workplace tension and further damage to the company’s reputation.
4. Consider Crisis Management: In cases where allegations become public, having a well-prepared crisis management plan is advisable. A designated communication team should handle inquiries and respond to the media in a way that conveys empathy for the victims and a commitment to resolving the issue.
5. Encourage a Positive Work Culture: A positive work culture does not stop with the absence of harassment. The promotion of diversity, inclusion, respect, and professionalism at all levels of the company can help create an environment where employees feel valued and protected.
6. Monitor and Update Policies: Workplace dynamics  change over time, so it is important to review and update anti-harassment policies regularly. Ensure that your policies reflect the latest legal requirements and industry standards. 

Workplace Harassment Laws in California

California has some of the most comprehensive laws in the United States regarding workplace harassment, reflecting the state’s commitment to protecting workers from abuse and discrimination. This is reflected in legislation such as the California Fair Employment and Housing Act (FEHA).

This is the primary law governing workplace harassment in California. Under FEHA, it is illegal for an employer to harass or allow harassment of an employee based on characteristics such as race, religion, gender, sexual orientation, disability, age, or national origin. FEHA applies to all employers with five or more employees.

FEHA also explicitly covers sexual harassment. Under California law, sexual harassment is defined as unwanted sexual advances, verbal or physical conduct of a sexual nature, or behavior that creates a hostile or offensive work environment. Let’s take a look at the various aspects of FEHA.

Employer responsibilities

 FEHA requires employers to take reasonable steps to prevent harassment. This includes having a written anti-harassment policy, providing training to supervisors and employees, and conducting prompt investigations into complaints.

California law mandates that employers with five or more employees provide sexual harassment training. Supervisors must undergo training every two years, while non-supervisory employees must receive at least one hour of training.

Harassment Protections for Non-Employees 

One unique aspect of California law is that it extends protection beyond employees. Independent contractors, interns, volunteers, and even clients are covered under FEHA, which means harassment of or by these individuals is illegal.

Reporting Harassment

Employees in California can file complaints of harassment with their employer, but they also have the right to file a complaint directly with the Department of Fair Employment and Housing (DFEH). If DFEH finds evidence of harassment, it can pursue legal action on behalf of the employee.

Statute of Limitations

California allows victims of harassment to file a claim with DFEH within three years of the last incident of harassment. This extended statute of limitations gives victims more time to come forward, compared to other states. 

Legal Recourse and Remedies

If harassment claims are proven, California law provides various remedies for the victim including:

• Reinstatement
• Back pay
• Changes in company policy
• Compensation for emotional distress.

In more severe cases, punitive damages may also be awarded. 

No Retaliation

Under California law, it is illegal for an employer to retaliate against an employee for filing a harassment complaint or participating in an investigation. Any adverse action, such as demotion or termination, in response to a harassment report can lead to additional legal consequences. 

Conclusion

Dealing with workplace harassment is crucial for maintaining a safe, respectful, and productive work environment. Managers have the responsibility  to create a safe working environment by enforcing clear policies, responding promptly to complaints, and fostering a positive work culture where workers are unafraid to speak up against harassment and where those who carry out harassment don’t feel like they can get away with it.

In California, comprehensive laws provide robust protections against workplace harassment, ensuring that victims have the support and legal recourse they need. Organizations that take proactive measures can protect not only their employees but also their reputation in the face of these serious issues. 

A workplace culture free of harassment can only be achieved if everyone is fully on the same page. This means there should be a common understanding of what is tolerated and what should be avoided in terms of how fellow employees should be treated. 

This requires comprehensive and expert training. At CDMS, we provide training that includes Workplace Violence Prevention Program and Safety training, both of which will contribute to the creation of a work environment where workers feel safe. Get in touch to see how we can help.