Writing Policies That Address Workplace Harassment

We need to talk about the false and xenophobic rumors about Haitian migrants eating cats and dogs in Springfield, Ohio, stoked by a certain Presidential candidate. Schools, universities, hospitals, and even city government buildings have been closed because of threats of violence. And it's reasonable to assume that Haitians legally working in the businesses in and around Springfield are facing unlawful harassment as a result. It's inexcusable. Per the EEOC, "Title VII prohibits employment discrimination, including unlawful harassment, based on national origin — meaning discrimination due to a complainant's, or the complainant’s ancestors', place of origin. Harassment based on national origin includes ethnic epithets, derogatory comments about individuals of a particular nationality, and use of stereotypes about the complainant's national origin." Here are 4 tips for all employers to proactively address these issues in your workplaces: 1. Implement Clear Anti-Discrimination Policies: Establish comprehensive policies that clearly define and include national origin discrimination and harassment. Make sure these policies comply with federal, state, and local anti-discrimination laws, and communicate them to all employees. 2. Provide Training on Cultural Sensitivity: Offer regular training sessions for employees and management on cultural awareness and unconscious bias. These sessions should educate everyone about respecting diverse backgrounds, languages, and customs and encourage an inclusive workplace. 3. Establish a Complaint Process: Develop a transparent process for employees to report instances of discrimination or harassment based on national origin. Ensure that complaints are investigated promptly, fairly, and confidentially, and that retaliation against complainants is strictly prohibited. 4. Promote Diversity and Inclusion: Foster an environment that values and celebrates diversity by recognizing cultural holidays, offering multilingual resources, and creating employee resource groups that support underrepresented groups. This can help create a sense of belonging and reduce discrimination. Promoting inclusion and rejecting rhetoric rooted in hate isn't just a legal obligation — it's a moral imperative. A workplace that values diversity fosters innovation, trust, and success. By standing against discrimination and embracing inclusivity, employers create an environment where everyone can thrive, free from fear and prejudice.

Domestic abuse affects your workplace every day. And if you aren’t addressing it, you’re failing your employees. This is particularly true in education, where 75% of the teaching workforce is female, and 1 in 4 women will experience domestic abuse in their lifetime (inclusive of physical violence, sexual violence, and stalking). And the stat for men is 1 in 9 men, so most districts have a large staff population affected by this. I had the chance last week to speak to a leader at a women's center, and we talked about how schools can better support victims of partner abuse. I wanted to share some of the ideas from that conversation more broadly here for leaders: - If you don’t already have a leave policy for victims of abuse, make one. Many states require this already, and for individuals seeking medical treatment, FMLA would cover them anyways. - Write an explicit policy around Violence in the Workplace. Many domestic abuse situations can spill into the workplace with a partner/family member coming onto the premises or stalking the individual outside. This type of policy should explain that as the employer you are willing to make necessary accommodations to ensure their safety, which may include things like allowing remote work for a period of time, transferring to another location, assigning a parking spot in a safe space, removing their name and information from your website and social media, etc. - Reach out to a local shelter or domestic violence nonprofits to partner on providing information and services to your staff. They will likely have other ideas on how staff can be connected to resources. Make their number visible on your employee portal or post in bathrooms on campus.   - Train your managers and staff (in partnership with an expert) on next steps should a staff member disclose they’re in the middle of a domestic violence situation or a manager suspects abuse. -Audit your physical security measures and processes on campuses. A lot of schools these days are locked, have bulletproof windows, gates, etc., but I’ve seen where known individuals like the spouse of a teacher are let in easily. Make sure guests of your staff aren’t let in without said staff member preemptively telling you they’re expecting them on campus. - Talk to your EAP representative about the services they can offer employees, and make sure those are mentioned when you’re advertising your EAP benefits. - When promoting your benefits to employees or give a benefits booklet, list some of the leave options for victims of abuse and links to resources. The more we talk about it, the more likely it is people will reach out to seek help when they need it. Just last week there was a mass shooting related to domestic violence, so this is an issue that has a potential to affect ALL your employees. You need to take action if you’re serious about protecting your staff. 

Did you get weird vibes when you saw the movie "It Ends With Us"? I love when Hollywood Drama teaches us good Human Resources lessons, and considering how I spent much of the last two weeks sitting on a couch and binge-watching TV, it seems right to find valuable HR compliance advice in a juicy Hollywood scandal that was a briefly a mainstream news story. Actress Blake Lively dropped a legal bombshell that every small business owner should pay attention to. Her lawsuit against Justin Baldoni and Wayfarer Studios isn't just Hollywood gossip - it's a masterclass in workplace conduct and potential pitfalls. Lively's lawsuit alleges sexual harassment, a hostile work environment, and retaliation during the filming of "It Ends With Us". (True confession:  I never saw it or even heard of it.  I had to google to find out that it was a movie and not a TV series.) The key allegations:  inappropriate sexual comments, zero proper reporting mechanisms for Lively to make a complaint so the behavior would stop, and what Lively claims was a coordinated retaliatory effort to silence her after speaking up. In other words - accusations that we hear in our small businesses all the time. Here's what business owners (and HR!) can do to protect themselves from similar lawsuits. ✔️ Create Crystal-Clear Policies Don't leave harassment guidelines to interpretation. Your employee handbook should spell out exactly what's unacceptable with specific examples. ✔️ Build a Safe Reporting System If your employees can't report concerns safely, you're setting yourself up for potential legal nightmares. Create multiple channels for reporting that don't require confronting the person being complained about - including an HR Hotline, where employees can make complaints anonymously.  (It just so happens I can help you out with an inexpensive HR Hotline!) ✔️ Take Every Complaint Seriously This is crucial - an employee's likability doesn't determine the validity of their concern. Whether it's your star performer or your newest hire, every complaint deserves a thorough, objective investigation. ✔️ Document Like Your Business Depends On It Because guess what? It might. Write everything down as if a future jury might read it. Objective, clear, professional documentation is your best defense against potential legal challenges. And finally, beware of the Retaliation Trap. One of the most dangerous mistakes businesses make is retaliating against someone who files a complaint. Even if the original complaint turns out to be unfounded, retaliatory actions - like decreasing an employee's hours or writing them up for an offense you always let slide before - can land you in serious legal trouble. Want help building these practices in your business? Reach out to me through a free HR consultation - because preventing problems is always easier than solving them in court. Link in the comments! #hrcompliance #sexualharassment #humanresources #management #hollywood