How to Prevent Workplace Harassment for Supervisors in California

Under California law, an employer can be held vicariously liable for the actions of its supervisors, meaning that if a supervisor harasses a staff member or fails to take appropriate action to effectively deal with and stop harassment in the workplace, the employer is held responsible, whether the employer was aware of the actions or not. Additionally, supervisors in California can also be held personally responsible for their failure to prevent workplace harassment. Supervisors must focus on ways to prevent harassment within their work group and establish clear standards of acceptable behavior.

Instructions

1. Create a zero-tolerance culture for harassment within your work group. Set an example by demonstrating exemplary conduct yourself. Remind employees regularly that harassment is unacceptable and against the law and that it won't be tolerated. Display any anti-harassment posters that may be required by law, as well as any reporting mechanisms --- anonymous hotlines, for example --- employees can use to report harassment at work.

2. Attend regular training on harassment prevention through your employer. With the passage of Assembly Bill 1825, California employers are legally mandated to train supervisors on harassment prevention upon employment and every two years thereafter. Take notes and implement the strategies and tips suggested in the training. Make the most of the opportunity to ask questions.

3. Develop detailed policies regarding harassment in the workplace, and familiarize yourself thoroughly with the contents. Provide line staff with copies of the policy and explain the expectations for behavior and reporting requirements. Remind your employees about the policies and behavioral standards regularly during staff meetings.

4. Immediately report any incidents of harassment reported to you by your staff or other employees. Workers in California aren't mandated to report harassment through their own chain of command --- particularly if their own supervisor is the harasser --- so if an employee from another work group reports harassment to you, treat it as seriously as you would treat a report from your own direct reports, and raise the issue according to company policy.

5. Establish consequences for failure to comply with harassment policies --- discipline or termination, for example --- and follow through appropriately each and every time. Demonstrate a consistent response to harassing incidents in the workplace, and deal with them as soon as the issues arise.

Tips & Warnings

• Seek assistance from your human resources department, which should be well versed in harassment prevention.

• Don't delay or ignore issues --- you could be held liable for failure to act. Instead, deal with issues at the lowest possible level. If you suspect even the potential for harassment, speak to the offending individual and direct him to cease the behavior immediately.

References

• California Department of Public Health: Sexual Harassment Prevention Policy
• California Fair Employment and Housing Commission: Sexual Harassment Training in California
• California Fair Employment and Housing Commission; California Fair Employment and Housing Commission: Fair Employment and Housing Commission's Sexual Harassment Training and Education Regulations; 2007
• Strategic HR: Workplace Harassment