San Diego Business Law: Updating Your Company Sexual Harassment Policies

San Diego Business Law: Updating Your Company Sexual Harassment Policies

Since Harvey Weinstein was “outed” as a sexual predator back in October 2017, sexual harassment has been in the news nearly every day. Dozens of other celebrities, politicians, and news anchors have been accused of sexual assault and predation. Women have started and continued the “#MeToo” hashtag movement on Twitter and other social media platforms. In this new environment, it is almost certain that your San Diego and California business needs to review your company sexual harassment policies. We here at San Diego Corporate Law can help.

San Diego Business Law: The Purpose of Sexual Harassment Policies

There are three reasons that your company needs a sexual harassment policy or needs to ensure your current policy is up-to-date – preventing harassment, addressing claims of harassment, and protecting the rights of BOTH accusers and the accused. It is sometimes forgotten that the accused have due process rights, too.

Preventing harassment is done through training and making sure that harassment is not tolerated at your California company. Prevention is also about punishing conduct that does occur, including written employee warnings and clear termination procedures. Addressing claims is about investigating claims fully with procedures that are uniform, and following through in each instance. Investigations that are handled arbitrarily or at the whim of senior executives will not be legally sufficient. In a similar way, investigations with proper guidelines will protect both the victim and the accused. Having an up-to-date anti-harassment policy is cost-effective, since harassment can lead to lost productivity, unnecessary employee turn-over, and weakening of morale. Plus, a well-crafted policy will help avoid expensive and time-consuming litigation.

San Diego Business Law: The Purpose of Sexual Harassment Policies

Here are some “must haves” for an effectively written anti-harassment policy:

• Statement that the company is committed to a harassment-free workplace — express the commitment
• Company’s policy is “zero-tolerance” — statement of the policy
• Define harassment with clear examples
• Define and explain the reporting procedures
• Define and explain the duty to report particularly if you witness harassing behavior of other workers
• Explain that anti-harassment applies to all genders
• Explain that anti-harassment applies in face-to-face and interpersonal interactions but also extends to social media, phone calls, emails, and the like
• Emphasize that anti-harassment “follows” your employees outside of work
• Define and explain confidentiality protections
• Prohibit and condemn any form of retaliation against an employee who alleges harassment

Once your company has its anti-harassment policy in place, here are some actions to take:

• Distribute and post your anti-harassment policy — in an employee handbook and on the wall of the employee breakroom
• Have employees sign a copy
• Conduct yearly training and conduct additional training if some egregious harassment occurs
• Conduct training for EVERYONE — board members, executives and senior staff included; costly litigation tends to involve harassment by senior staff and other high-level members of the company
• Distribute the anti-harassment policy to third-parties such as vendors who work onsite and independent contractors

Contact San Diego Corporate Law Today

If you would like more information about updating your company’s anti-harassment policies, or if it is time to revise your employee handbook to better fit your business and the evolving legal landscape, contact attorney Michael Leonard, Esq., of San Diego Corporate Law. Mr. Leonard has extensive experience in drafting employee policies, employee handbooks, employment contracts, and the other contracts and agreements necessary for running your business. Mr. Leonard can be reached at (858) 483-9200 or via email.

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