As an HR professional, you understand that creating a respectful workplace is more than just checking a box; it’s about cultivating anti-harassment program and training that makes your employees feel included and protected.
Ensuring your program and training are both legally compliant and impactful can be challenging. And the stakes are high — significant fines, penalties and reputational damage can arise from lapses. So, how confident are you that your anti-harassment program is up to the task?
Having a checklist is a good first step to assessing your current anti-harassment program and training and identifying areas for improvement. Use our question-based checklist to assess if your program and training is compliant and reflects your organization’s commitment to a safe and respectful workplace.
Anti-Harassment Checklist
1. Policies
- Are our harassment definitions clear and comprehensive?
- ☑ Does our policy clearly define what constitutes harassment, including sexual harassment, bullying and microaggressions?
- Do we have a zero-tolerance policy?
- ☑ Is it explicitly stated that any form of harassment will not be tolerated, and are the consequences for violations clear?
- Is our policy inclusive?
- ☑ Does our policy address harassment based on all protected characteristics such as race, gender, sexual orientation, religion, and disability?
2. Reporting Mechanisms
- Do we provide multiple reporting channels?
- ☑ Can employees report harassment through various avenues, such as direct supervisors, HR or anonymously?
- Do we guarantee confidentiality in our reporting process?
- ☑ How do we assure employees that their reports will be handled confidentially and without fear of retaliation?
- Is our reporting process clear and accessible?
- ☑ Have we clearly outlined the steps employees need to take to report harassment, and is the process easy to follow?
3. Training
- Is our anti-harassment training mandatory and regular?
- ☑ Are all employees, including leadership, required to participate in regular anti-harassment training?
- Does our training engage employees effectively?
- ☑ Does our training include interactive elements like role-playing, real-world scenarios, and discussions to reinforce learning?
- Do we include bystander intervention training?
- ☑ Are we empowering employees with the tools and knowledge to act when they witness harassment?
4. Leadership Commitment
- Is our leadership visibly committed to the program?
- ☑ Do company leaders participate in the anti-harassment program and promote its importance?
- Are our leaders role models for the behavior we expect?
- ☑ Do our leaders consistently demonstrate respect and inclusivity in their interactions with employees?
5. Enforcement and Accountability
- Are our investigation procedures fair and consistent?
- ☑ Have we established a transparent and timely process for investigating harassment complaints?
- Do we hold everyone accountable, regardless of their position?
- ☑ Are disciplinary actions for confirmed harassment cases applied consistently, regardless of the perpetrator’s role in the company?
- Do we have feedback loops in place after incidents are resolved?
- ☑ Do we gather feedback from involved parties to improve our process and prevent future incidents?
6. Support for Victims
- Do we provide victims with access to resources?
- ☑ Are we offering victims of harassment access to counseling, legal assistance or other support services?
- Do we follow up with victims after incidents are resolved?
- ☑ Are we regularly checking in with victims to ensure they feel safe and supported post-resolution?
7. Continuous Improvement
- Do we regularly review and update our policies?
- ☑ How often do we review and update our anti-harassment policies and training materials to ensure they stay current?
- Are we gathering and acting on employee feedback?
- ☑ Do we encourage and use employee feedback to improve the effectiveness of our program?
- Are we measuring the effectiveness of our program?
- ☑ Are we tracking relevant metrics such as the number of reports, resolution time, and employee satisfaction to gauge our program’s success?
EEOC guidance
Equal Employment Opportunity Commission (EEOC) enforcement guidance also provides recommendations for effective harassment training. The agency makes it clear employers should provide regular, interactive, comprehensive training for all employees – at every level and location. Training should:
- Explain the employer’s anti-harassment policy and complaint process, including any alternative dispute resolution process, and confidentiality and anti-retaliation protections
- Describe and provides examples of prohibited conduct under the policy
- Provide information about employees’ rights if they experience, observe, become aware of, or report conduct that they believe may be prohibited
- Provide supervisors and managers with information about how to prevent, identify, stop, report, and correct harassment, such as actions that can be taken to minimize the risk of harassment, and with clear instructions for addressing and reporting harassment that they observe, that is reported to them, or that they otherwise become aware of
- Be tailored to the workplace and workforce
- Be provided on a regular basis to all employees
- Be provided in a clear, easy-to-understand style and format.
Statutes of state and local jurisdictions
Many states and cities have statutes requiring sexual harassment training, and both state and federal court decisions make it clear that employers should provide anti-harassment training to all employees in all states. Employers who do not train all employees can lose their ability to avoid punitive damages in a harassment lawsuit.
Click here to see the anti-harassment laws, regulations and requirements in all 50 states and major cities.
How Traliant can help
Using checklists can help, but it’s important to work with a compliance partner who can help you keep up with frequently changing state and federal regulations and case law. Traliant’s Preventing Workplace Harassment training for employees and managers is created with the oversight of our in-house legal experts to ensure its accurate, up-to-date and meets the compliance requirements of all 50 states.