Updated August 7, 2023

Stories of accused sexual harassers like Harvey Weinstein, Charlie Rose, Bill O’Reilly, Matt Lauer, and others appear daily in the media. More than ever before, employers are at risk if they don’t have a compliant sexual harassment policy and related procedures in place.

Sexual Harassment Costs

Sexual harassment can cost employers millions of dollars in settlements as well as the loss of community support from a tarnished reputation. Less visible costs include dwindling employee morale and productivity as well as growing worker turnover.

4 Ways to Avoid Sexual Harassment Pitfalls

Here are 4 ways you can protect yourself from the growing risk of non-existent or bad sexual harassment policy.

1. If you don’t have a published sexual harassment policy… get one now!

This first step lays the ground work for protecting your organization from the risks of sexual harassment. Clearly communicating how employees and your organization should respond when sexual harassment occurs is essential in today’s environment.

A well-written sexual harassment policy published in an up-to-date employee handbook serves as a foundation for reporting these types of accusations as well as fairly investigating and remediating them.

2. Review your sexual harassment policy and non-disclosure documents… right away!

Reviewing and updating your sexual harassment policy is a great way to jump start the annual review of your employee handbook, non-disclosure agreements and other related documents.

Ask yourself two key questions when reviewing sexual harassment policy:

1. How well does it educate workers about their rights in the workplace?
2. How well does it outline what does and does not constitute sexual harassment?

“Harvey Weinstein used elaborate non-disclosure agreements to silence accusers…,” according to a recent Huffington Post article. This is one of the reasons that nondisclosure agreements are facing increased scrutiny.

Some attorneys advise against agreement or settlement language that prohibits a victim from going to law enforcement or taking part in an EEOC claim. Title VII and the National Labor Relations Act nullify agreements that attempt to limit discussions of workplace conditions and charges of discrimination by workers.

3. Give employees multiple ways to report sexual harassment and register complaints

Employers put themselves at risk if they don’t practice and enforce what’s outlined in their sexual harassment policies. That includes providing multiple ways for employees to effectively report incidences.

Many companies are adding Anonymous Worker Tip Lines. It’s a relatively inexpensive way to give employees another way to confidentially report sexual harassment.  An anonymous employee tip line empowers workers to speak up about workplace concerns. They can remain nameless. And, it gives employers a chance to deal with sexual harassment and other complaints before they get out of hand.

4. Give managers the resources they need to handle sexual harassment incidences

Effective sexual harassment training for executives and managers is a basic starting point. It is also important that your executives have knowledgeable HR resources with the expertise to provide practical step-by-step guidance and suggestions as situations arise.

You may want to check out the EEOC ‘s harassment prevention and creating respectful workplaces training. An “outgrowth” of the EEOC’s Task Force Study on Harassment in the Workplace, the training program addresses “compliance, workplace civility and bystander intervention training.”

MyHRConcierge Can Provide the HR Resources You Need To Run Your Business

Clients rely on MyHRConcierge for the resources they need to reduce their risks of Sexual Harassment claims. These include employee handbooks, anonymous worker tip lines, manager HR help lines, HR compliance and administration, and workforce management solutions. Please contact us today at (855) 538-6947, ext. 108,  ccooley@myhrconcierge.com or schedule a consultation below.