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You know, actually the worst-case-scenario is having to react to sexual harassment, so in my opinion it's always better to try to prevent it, especially if the prevention is effective. So what can an employer do to prevent and correct sexual harassment in the workplace? Well, it's the employer's duty to prevent and correct harassment. So prevention is the best tool for eliminating this in the workplace. And employers need to take all reasonable steps to prevent that harassment from occurring. To prevent harassment, employers should have a written policy that's clearly and regularly communicated to employees and effectively implemented. One good way to do this, is to post the sexual harassment policy in the breakroom or some other highly visible area and annually review the policy. In the policy, employers need to communicate to employees that sexual harassment will not be tolerated. It should state, "sexual harassment is illegal." The policy should state that the employer will not tolerate retaliation against anyone who complains of harassment or who participates in an investigation. The employer should describe how it will protect victims and witnesses against retaliation. The employer should also have a written procedure for sexual harassment complaints. The procedure should be designed to encourage victims of harassment to come forward and should not require a victim to complain first to the offending supervisor. It is advisable for an employer to designate at least one official outside an employee's chain of command to take those complaints, in order to assure that the complaint will be handled impartially. Obviously the larger the organization, the more complex these situations can become, and sometimes more difficult to deal with, or identify. A large business with hundreds or thousands of employees, that has multiple layers of management, may need to conduct formal training through a human resource department and present detailed written policies with training in the corporation's chain of command to adequately prevent and correct harassment. In contrast, an owner with a small business where the owner maintains regular contact with all employees, can fulfill his or her responsibility to effectively prevent and correct harassment by simply telling the employees at staff meetings that harassment is prohibited, that employees should report such conduct promptly, and that a complaint can be brought "straight to the top." If the business conducts a prompt, thorough, and impartial investigation of any complaint that arises and undertakes swift and appropriate corrective action, it will have done its duty to prevent and correct harassment, and make sure that morale remains high and the workplace efficient and effective. It's important to talk about the specifics of how an employer, and how people, should react to a harassment situation. An employer should prevent harassment claims by correcting anything that is clearly unwelcome. For example, if there is graffiti in the workplace containing sexual slurs, management should not wait for a complaint before erasing it. That's just good work practice. If a worker has sexually explicit or offensive pictures hanging on the wall, they should not be allowed. An employer should ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedures. Supervisors are the first line of defense against sexual harassment. By setting the right example, a supervisor may discourage his or her employees from acting inappropriately. An employer is always liable for harassment if a supervisor engages in a tangible employment action for sexual favors, such as hiring, firing, promoting or demoting, increasing wages, or decreasing wages. An employer should screen applicants for supervisory jobs to see if they have a history of engaging in anything like harassment. If so, and the employer hires such a candidate, it must take steps to monitor actions taken by that individual in order to prevent harassment.
It is the employer's duty to prevent and correct harassment. Prevention is the best tool to eliminate sexual harassment in the workplace. To prevent harassment, employers should have a written policy that is clearly and regularly communicated to employees and effectively implemented.