What steps should I take to protect my business from harassment allegations in California?
As a lawyer, I would advise taking the following steps to protect your business from harassment allegations in California:
- Develop a Comprehensive Anti-Harassment Policy: First and foremost, your business should have an anti-harassment policy in place that clearly outlines what type of behavior is considered unlawful, and what actions will be taken if a complaint is made. This policy should include descriptions of prohibited behaviors, how employees can report incidents, and what type of investigation will be conducted. Training sessions should be offered to employees, so they can understand the policy and know what types of behaviors are considered harassment.
- Convey Expectations to Employees: To improve the effectiveness of anti-harassment measures, clearly communicate expectations to employees. Ensure that employees are aware of the consequences of engaging in harmful behavior and have a zero-tolerance policy on the same. This includes clearly conveying to them that any harassment or retaliation against the complainant will not be tolerated.
- Encourage Reporting: Employees should be encouraged and assured that the process of reporting harassment claims is confidential and anonymous. The business should ensure that there is no fear of retaliation, so as to encourage reporting in case an incident occurs. It is important to have appropriate channels for reporting, which are taken seriously, and the investigation process should have designated personnel to look into such claims.
- Conduct Thorough Investigations: In case of any reported incident, the business should conduct a thorough investigation to determine the legitimacy of the claim. It is important to document the process for internal and legal purposes, during which the complainant, witnesses and accused should be provided information reasonably necessary to determine the facts of the incident.
- Take Appropriate Action: In case the internal investigation confirms that harassment has taken place, action should be taken immediately, such as taking disciplinary action against the harasser. If the incident is reported to external authorities, such as the EEOC or DFEH, the business should ensure compliance with all requirements.
In conclusion, it is important for businesses to have a comprehensive anti-harassment policy in place, with all employees receiving appropriate training. Businesses should encourage the reporting of any incidents and take appropriate actions after a thorough investigation to address the harassment claims. This will help protect the business from potential harassment allegations and promote a safe and effective work environment.