Hawaii Employment Law: How to Implement a Sexual Harassment Policy





There are several specific steps an employer should take to emphasize to employees that sexual harassment will not be tolerated in the workplace. An employer's managers and supervisors take on an important role at each of these steps. One of the most important steps is the effective implementation of a sexual harassment policy.

When a formal charge of sexual harassment is filed with the EEOC or the Hawaii Civil Rights Commission, or a lawsuit is brought in federal court or Hawaii State court, one primary issue will be what, if anything, the employer did to prevent or stop the harassment.

There are several specific steps an employer should take to emphasize to employees that sexual harassment will not be tolerated in the workplace. An employer's managers and supervisors take on an important role at each of these steps. One of the most important steps is the effective implementation of a sexual harassment policy.

Establish a Written Policy Prohibiting Harassment:
Every employer should have a written policy specifically prohibiting sexual harassment. The policy should be distributed to all new employees, posted, redistributed on a regular basis, and communicated to employees often.

The Policy Should Have the Right Provisions:

The Policy should have language that:

1.states that sexual harassment will not be tolerated;
2.defines and provides examples of sexual harassment and prohibited conduct;
3.outlines a procedure for employees to make complaints about sexual harassment, and encourages all employees (not just victims of harassment) to report incidents of unwelcome sexual conduct;
4.provides several avenues for an employee to report sexual harassment so that the employee has the ability to bypass his or her supervisor, who might be the alleged harasser;
5.assures that all complaints will be handled as confidentially as possible;
6.guarantees that employees who complain about sexual harassment will not suffer adverse job consequences as a result of the complaint;
7.states that any employee who engages in unwelcome sexual conduct is subject to discipline up to and including discharge; and
8.requires supervisory personnel to immediately report suspected sexual conduct.
Managers and supervisors must become completely familiar with the employer's policy prohibiting sexual harassment. They should reread the policy on a regular basis, and should consult the policy when any sexual harassment issue arises.

Communicate the Policy and Train Employees:

In addition to providing the policy to each employee, the policy should be read and explained to employees in group meetings. Employees should be educated to recognize and confront harassment. Managers and supervisors should be trained to enforce the policy, sensitized to recognize improper conduct among coworkers when it occurs, and educated about the appropriate actions to take to prevent and remedy misconduct.

Avoid the Pitfall of Communicating the Policy only Once:

To be an effective tool against sexual harassment, the policy should be regularly and clearly communicated to employees. This can be done formally at employee meetings, and informally through managers' and supervisors' conversations with their reports.

Managers and supervisors can also take an active role in the communication process by requiring employees to attend training, following up with employees on what they learned at training, inviting questions regarding the training as well as the employer's anti-harassment policy, and providing positive responses to employees who participate in the employer's efforts to prevent and eliminate sexual harassment in the workplace.

After a policy against sexual harassment has been announced, managers and supervisors must also take follow-up action to make sure that employees are not engaging in prohibited activity. If a meeting is held telling employees to stop certain behavior, managers and supervisors should ensure that the meeting has been taken seriously by employees.

Make Sure the Policy Has an Effective Complaint Procedure:

A complaint procedure should encourage employees to come forward with allegations of sexual harassment. There should be several persons to whom an employee can bring an initial complaint. Human resources officers, or other appropriate employer representatives, should be designated to investigate complaints. There should also be more than two potential investigators in the event one is the accused harasser. Additionally, it is a good idea to designate both males and females as investigators because the complainant might feel more comfortable in reporting the conduct to someone of the same sex.

Managers and supervisors must take any complaint of sexual harassment that they receive seriously. They should immediately report the complaint to human resources or any other company representative charged with EEO-compliance responsibilities. They should assure employees that no retaliation will be taken against anyone who files a complaint and that their complaints will be handled as discreetly as possible. They should also tell anyone who complains that their allegations will be promptly and thoroughly investigated.

ABOUT THE AUTHOR: Roman Amaguin, Esq.
Roman Amaguin, Esq. has practiced law in Hawaii since 1995. He specializes in employment and labor law and general civil litigation.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.



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