The Oklahoman

Q&A WITH PAULA WILLIAMS

- PAULA BURKES, BUSINESS WRITER

Leaders of #MeToo movement must set realistic examples for corporate culture

Q: What constitute­s harassment? A: Employers often narrow their focus to sexual harassment claims, however, harassment involves any protected trait, such as an employee’s race, age or disability. Harassment includes same-sex and oppositese­x harassment, and a harasser may originate inside or outside your organizati­on, on or off duty. For a hostile work environmen­t claim, courts require “severe and pervasive” conduct, meaning both a severe one-time instance of harassment, as well as more muted, ongoing harassment may give rise to a hostile work environmen­t.

Q: What should we learn from the #MeToo movement?

A: It starts at the top. An organizati­on’s leaders must set the example for corporate culture and clearly communicat­e expectatio­ns. Policies should reflect that culture and be realistica­lly enforceabl­e. For example, if an employer has a “zero tolerance” policy, it must be sure it’s willing to follow through with that policy. Otherwise, exceptions to “zero tolerance” will give the appearance of partiality and fuel potential harassment claims. An employer also should consider employees’ perception of leadership, human resources, and whether anyone within the organizati­on is perceived as “untouchabl­e.” Finally, leadership should encourage open communicat­ion and regularly touch base with employees on how the organizati­on is doing with regard to harassment in the workplace.

Q: What else should employers do now?

A: Hopefully, employers already have developed and implemente­d harassment, discrimina­tion and retaliatio­n prevention policies and practices that evidence a business is exercising reasonable care to prevent and promptly correct any harassing behavior. Employers should review and update policies annually. A policy needs to do more than just exist, however. Employers should offer a training program to all employees, not just managers and supervisor­s and, ideally, this training will be provided live, in-person. It’s the Equal Employment Opportunit­y Commission’s expectatio­n that all employees be trained regularly. Finally, employers should make sure every employee understand­s the actual procedures for reporting harassment, such as to whom they report harassment and what actions the employer will take in response to a harassment complaint. Posting a notice in the break room isn’t enough.

Q: How should companies investigat­e harassment complaints?

A: Today’s harassment complaints require swift action by an employer. A delay in investigat­ion may be perceived as tolerance or ambivalenc­e. When investigat­ing a harassment complaint, be sure not to prejudge the allegation­s before conducting the investigat­ion, keeping an open mind throughout the process. An employer should consider which person is the most appropriat­e investigat­or, and whether to involve legal counsel. Interviews should occur with the victim, any witnesses, as well as the accused. If terminatio­n isn’t warranted, an employer may discipline, suspend or reassign an employee, often in conjunctio­n with remedial training or referral to an employee assistance program.

 ??  ?? Paula Williams is an attorney of GableGotwa­ls who advises and defends clients in the area of labor and employment
Paula Williams is an attorney of GableGotwa­ls who advises and defends clients in the area of labor and employment

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