Albuquerque Journal

Take these steps to prevent sexual harassment

- BY QUENTIN SMITH SHAREHOLDE­R AND DIRECTOR SHEEHAN & SHEEHAN P.A., ATTORNEYS AT LAW

Millions of women (and some men) have posted #MeToo on social media, usually with an accompanyi­ng personal story of sexual harassment or assault. It seems daily, another public figure is being accused.

On Jan. 1, more than 300 women in the film industry created the TIME’S UP Legal Defense Fund to enable men and women access to the legal system to hold wrongdoers accountabl­e.

Past reports show that one in three women ages 18–34 have been sexually harassed at work, and 71 percent said they did not report it. Nearly half of working women in the U.S. have said that they have experience­d harassment in the workplace.

Many women have suffered in silence, but the tides are changing. Visits to the Equal Employment Opportunit­y Commission website have doubled since early October, and the National Women’s Law Center has had a fivefold increase in the number of calls received to disseminat­e informatio­n on the legal defense of harassment.

With awareness of the issue and support for victims increasing, more women are breaking their silence, and employers should expect to see a steep rise in sexual harassment claims reported this year.

The issues are serious, and employers must protect employees in their workplace from harassment and mitigate their potential liability. What follows are steps all employers should take:

1. START AT THE TOP: Senior leadership must establish a culture in which harassment is not tolerated. This should be clearly and frequently stated, leaving no room for misinterpr­etation. Management should participat­e in training with the focus on preventing, identifyin­g, stopping, reporting and correcting harassment.

2. ENFORCE STRONG, COMPREHENS­IVE HARASSMENT POLICIES: Harassment policies should include a clear statement prohibitin­g harassment, as well as a definition of “sexual harassment” with examples. Strong policies include informal and formal complaint systems, an anti-retaliatio­n provision, a confidenti­ality provision, assurance of prompt, impartial and thorough investigat­ion, assurance of immediate corrective efforts and the duty of supervisor­s to report harassment.

3. PROVIDE AN EFFECTIVE COMPLAINT SYSTEM: Employers should welcome questions and concerns and encourage early reporting. It must be communicat­ed that leadership will operate promptly and impartiall­y, impose appropriat­e consequenc­es and fully resolve all issues — providing protection against retaliatio­n and ensuring a fair process for the accused. These policies should be translated into other languages, if necessary, for employees to understand the policies, and made accessible to all employees.

4. PROVIDE TRAINING FOR EMPLOYEES: Regular training tailored to the unique nature of the business is essential. Effective training must be provided to every employee in a clear and easy-toundersta­nd format. Live training is recommende­d, as it is more engaging and allows for participan­ts to ask questions to better understand what constitute­s harassment and consequenc­es for violators.

By taking proactive steps to prevent harassment from occurring and setting up a system to ensure swift investigat­ions and justice in the workplace, employers can protect their employees and their businesses from the consequenc­es of harassment and liability.

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