Legal

How to Conduct Workplace Harassment Training & Investigation

We must fight and investigate workplace harassment of any type, shape or form. Whether it’s based on religion, gender, race or national origin, workplace harassment is so gross that it’s unreal we’re still talking about it in the twenty-first century. While much has been done to bring it to an end, this dragon still refuses to leave the workplace.

Workplace harassment training and investigation should be critical components of any company’s policy and procedure manual. Knowing how to proceed when a harassment claim is made is crucial in understanding what action should be taken.

Below are eleven ways on how to conduct workplace harassment training and investigations:

1. Emphasize on the seriousness of workplace harassment

It’s important to clarify that the workplace harassment training and investigation are not a public relations gimmick or a corporate feel-good exercise. It should be taken seriously by all. For everyone to keep their jobs, including the supervisors, they must take the training seriously.

Emphasize during the workplace harassment training and investigation that the organization holds supervisors to a higher standard than they do the regular employee.

2. Top management must support the training and investigation

If the top managers don’t endorse the workplace harassment training and investigation, employees will just see it as merely a PR corporate benchmarking exercise. To show their support, the senior executives should grace the training and engage.

Ideally, they should make the opening and closing remarks. They should state in no uncertain terms that every employee is personally responsible and accountable for adhering to the training’s requirements.

3. Describe various types of workplace harassment

Workplace harassment training should describe what constitutes subtle and severe harassment. Involve employees in providing examples of subtle harassment that may escape the attention of supervisors. Examples of flagrant behaviours should also be provided.

Even if you don’t see how anyone in their right mind can commit a certain act, make sure the act is clearly provided for in training. There are weird people out there, and what you think no one can do could be nothing to them.

Harassment training must address all forms of harassment. These include religion, race, ethnicity and gender-based harassment, even where it’s not of a sexual nature.

4. Make the workplace harassment training interactive

Interactivity is key to effective workplace harassment training. The employees should be active participants who willingly participate in it. Ideally, the training should be delivered in a live session (as in all the participants should be physically present).

However, if this is not practical due to cost implications, or perhaps because the employees are scattered in various geographical locations, an online alternative is still good. However, if you choose the latter, the content provided online must be interactive.

5. Address workplace harassment risk factors

The workplace harassment training should focus on factors that encourage workplace harassment. For instance, some workers may be afraid to speak up since they may be denied some favours if they did.

The training for supervisors must address how such risk factors could encourage harassment. Once these risk factors are identified, they should be brought to the attention of managers so they can be addressed before they occur.

6. Outline the risks of workplace harassment

Lost productivity is one of the risks a company is likely to suffer should it condone harassment at the workplace. Others include high employee turnover, low staff morale and a tarnished corporate reputation. To put it plainly, harassment makes a business look terrible.

7. Outline what constitutes as unacceptable behaviour

During your workplace harassment training and investigation, don’t make general statements. Have clear examples that are relevant to your workplace. This is not the time or place for canned training. For the statements to make sense or stand a chance in implementation, they must resonate with your particular workplace.

8. Articulate the unacceptable versus the unlawful

A behaviour may be unacceptable but not unlawful. For instance, a single demeaning comment may not form the basis for a full-fledged investigation. The training should, however, make it clear that unacceptable behaviour is not tolerated. It should also lay emphasis on the importance of understanding what’s unlawful and what’s unacceptable.

9. Train supervisors on how to respond to workplace harassment

The supervisors need to be trained on how to respond to harassment claims. Subjective responses such as “no way! Joe can’t do that” should be avoided. Instead, train your supervisors to respond professionally without prejudgement and bias.

For instance, once an employee reports a harassment incidence, they could respond thus: “I appreciate your bringing this matter to my attention. The company takes them very seriously”.

10. Assure non-retaliation or victimization

One of the reasons employees do not report harassment cases is due to the fear of retaliation. An effective workplace harassment training should broadly define what retaliation constitutes, explaining what protection is stipulated in the law for complainants and other involved parties.

It should detail prohibited retaliatory actions, such as excluding a complainant from certain critical meetings, withholding benefits, altering their work, or adjusting assigned tasks. The training should stress that retaliation against an employee who witnesses or reports workplace harassment would be dealt with accordingly.

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