Manager's Guide to Preventing & Handling Harassment

Purpose

To help managers and supervisors prevent harassment, recognize it, and respond correctly when a concern arises. Managers carry special responsibility: the law often holds the organization accountable for what supervisors knew, or should have known, and how they acted.

Recognize the two legal theories

Harassment based on a protected characteristic is generally unlawful when:

1. Quid pro quo — submission to the conduct is made a term or condition of employment, or employment decisions are based on submitting to or rejecting it.
2. Hostile work environment — the conduct is severe or pervasive enough to interfere with work or create an intimidating, hostile, or offensive environment.

Conduct to watch for includes unwelcome comments, jokes, or slurs; suggestive or derogatory images, messages, or gestures; unwanted touching; and offensive material shared in person or online.

Prevent

• Model respectful conduct, and set the expectation for your team.
• Address inappropriate behavior early, before it escalates.
• Make sure your team knows the Anti-Harassment Policy and how to report.

Respond when a concern arises

1. Take it seriously and act promptly. Do not dismiss, minimize, or delay.
2. Report it to Human Resources immediately. Every complaint — and any harassment you observe — must be reported. Do not investigate it yourself or try to resolve it informally on your own.
3. Do not retaliate, and make clear that retaliation against the person who raised the concern, or anyone who participates, will not be tolerated.
4. Protect confidentiality. Share details only with those who need to know.
5. Preserve information. Keep relevant documents, messages, and notes; do not alter or delete anything.
6. Cooperate with the investigation Human Resources conducts, and avoid prejudging the outcome.

The investigation

Human Resources leads the investigation, not the manager. It should be prompt, and conducted with confidentiality, dignity, and respect so that the person raising the concern feels comfortable coming forward. All complaints should be documented in writing. Complaint procedures should also allow the reporter to bypass their own supervisor if that supervisor is the one accused.

Recommended questions to ask when investigating

• Who harassed you? The more senior the person, the greater the risk exposure.
• What did they do? Get the specifics; generalities are not sufficient.
• When did it happen? Find out if there have been repeated incidents.
• Where did it happen? Whether it occurred on or off company property is a key fact.
• Were there any witnesses? Try to corroborate the account; be careful not to lead witnesses.
• Who else did you tell? Regulators will ask who else knew about the alleged harassment.
• Who else has been harassed? Find out if the employee knows of anyone else who has experienced similar conduct.
• What did you do and say in response? Again, be specific; generalities are not sufficient.
• What do you want done? Document the answer in case the person later says they requested a different outcome.
• Would you like to see a counselor? Specifically offer the Employee Assistance Program or health-plan counseling. If declined, document the refusal in writing.

What to do next

• Review evidence.
• Interview witnesses.
• Interview co-workers in the department to assess the overall work environment.
• Interview the alleged harasser.
• Determine the validity of the alleged harassment.
• If found valid, follow the appropriate disciplinary action or sanctions.
• Document all information.

If you are unsure

When in doubt about whether something is a problem, or how to respond, contact Human Resources before acting. It is always better to ask early than to let a situation grow.