Although an employer can not prohibit employees from filing lawsuits, there are several ways in which an employer can lessen its chances of defending against a sexual harassment claim. One of the easiest ways that an employer can protect itself is by taking measures to prevent and immediately eradicate all harassing conduct.
A sexual harassment policy is a good place to start. An effective sexual harassment plan must clearly and concisely explain the prohibited conduct, and contain language that is easily understandable by all employees. The employer must ensure that all employees receive the sexual harassment policy, and have easy access to it at all times. Also, the company or organization should define sexual harassment, and list the parties that are covered under it. Next, the employer should provide examples of the conduct that constitute unlawful behavior.
The employer should inform employees that they are free to file grievances, and then it should thoroughly explain the complaint process. Also, the owners or managers should provide the names of the people who can receive the complaints, and assure employees that their grievances will be taken seriously and promptly investigated. Next, it is important to explain the consequences for engaging in the unlawful conduct, and detail that the complainants, witnesses and other people with relevant information will be protected from retaliation. Also, the employer should obtain a signed form from employees indicating that they received and understood the policy. Last, even though the employer has a sexual harassment procedure, it is more important that it consistently adheres to it.
Although lawsuits are unavoidable, employers can defend themselves against sexual harassment claims by showing that they tried to prevent and promptly eradicate offensive conduct by implementing a sexual harassment policy, and steadfastly following it.
