How to Draft a Sexual Harassment Policy

Sexual harassment is a form of discrimination that is prohibited by law. Employers can face severe legal penalties for sexual harassment occurring in the workplace. Therefore, they should take action to prevent any of this behavior within the workplace by creating and enforcing a sexual harassment policy. Here are some tips to help draft an effective sexual harassment policy.

Instructions

Difficulty: Moderate

1. State the purpose of the policy. The policy should clearly convey to the employees that sexual harassment is against the law and that the company is enforcing a zero tolerance policy against sexual harassment in the workplace. This statement will have the most weight if signed by the president of the company or other high ranking decision-maker.
2. Give examples. Describe the types of conduct that constitute sexual harassment. The policy should state that the examples are not necessarily inclusive and that any conduct that interferes with an employee's work performance or creates a hostile or intimidating work environment may constitute sexual harassment.
3. Tell employees that it is their obligation to report any harassment experienced or witnessed. Provide the names of several different people to contact when reporting sexual harassment to avoid the potential problem of the harasser being the one to whom the complaint would be addressed.
4. Provide a procedure for dealing with complaints. The sexual harassment policy should provide for prompt and thorough investigation of all complaints and describe the kind of corrective action that will be taken if harassment is found to have occurred.
5. Enforce a non-retaliation policy. The sexual harassment policy should clearly state that any retaliation against an employee claiming sexual harassment is against the law and will not be tolerated.
6. Communicate the policy to all employees by posting it in the workplace and including it in the employee handbook. Have all employees sign the policy to indicate that they have read it and understand it.

Tips & Warnings

• It's a good idea to have an experienced employment law attorney review your sexual harassment policy to ensure that it complies with federal and state law.