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report, and the target of the complaint, will be kept confidential to the extent possible consistent with a thorough and impartial investigation A statement that any information gathered as part of an investigation will be kept confidential to the extent possi- ble consistent with a thorough and im- partial investigation An assurance that the employer will take immediate and proportionate cor- rective action if it determines that harass- ment has occurred An assurance that an individual who submits a report (either of harassment experienced or observed) or a witness who provides information regarding a report will be protected from retaliation from co-workers and supervisors A statement that any employee who re- taliates against any individual who submits a report or provides information regarding a report will be disciplined appropriately Is written in clear, simple words, in all languages commonly used by members of the workforce
AUTOMOTIVE RECYCLING • March-April 2018
CHECKLIST 3: A Harassment Reporting System and Investigations A reporting system that allows employ- ees to file a report of harassment they have experienced or observed, and a process for undertaking investigations, are essential components of a holistic harassment prevention effort. Check the circle below if your anti-ha- rassment effort contains the following elements: A fully-resourced reporting process that allows the organization to respond promptly and thoroughly to reports of harassment that have been experienced or observed Employer representatives who take reports seriously A supportive environment where individuals feel safe to report harassing behavior to management Well-trained, objective, and neutral investigators Timely responses and investigations Investigators who document all steps taken from the point of first con- tact and who prepare a written report using guidelines to weigh credibility An investigation that protects the privacy of individuals who file com- plaints or reports, individuals who pro- vide information during the investiga- tion, and the person(s) alleged to have engaged in harassment, to the greatest extent possible Mechanisms to determine whether individuals who file reports or provide information during an investigation ex- perience retribution, and authority to impose sanctions on those who engage in retaliation During the pendency of an inves- tigation, systems to ensure individuals alleged to have engaged in harassment are not “presumed guilty” and are not “punished” unless and until a complete investigation determines that harass- ment has occurred A communication of the determi- nation of the investigation to all parties and, where appropriate, a communica- tion of the sanction imposed if harass- ment was found to have occurred
CHECKLIST 4: Compliance Training
A holistic harassment prevention effort provides training to employees regarding an employer’s policy, reporting systems and investigations. Check the circle if your organization’s compliance training is based on the following structural prin- ciples and includes the following content: Structural Principles: Supported at the highest levels Repeated/reinforced on a regular basis Provided to all employees at every lev- el of the organization Conducted by qualified, live, and in- teractive trainers If live training is not feasible, de- signed to include active engagement by participants Routinely evaluated and modified as necessary
Content of Compliance Training for All Employees: Describes illegal harassment, and conduct that, if left unchecked, might rise to the level of illegal harassment Includes examples that are tailored to the specific workplace and the specific workforce Educates employees about their rights and responsibilities if they experi- ence conduct that is not acceptable in the workplace Describes, in simple terms, the pro- cess for reporting harassment that is expe- rienced or observed Explains the consequences of engag- ing in conduct unacceptable in workplace Content of Compliance Training for Managers and First-line Supervisors: Provides easy-to-understand and re- alistic methods for dealing with harass- ment that they observe, that is reported to them, or of which they have knowledge or information, including description of sanctions for failing to use such methods Provides clear instructions on how to report harassing behavior up the chain of command, including description of sanc- tions for failing to report Encourages managers and supervi- sors to practice “situational awareness” and assess the workforces within their responsi- bility for risk factors of harassment.
Find the full report and checklists at https://www.eeoc.gov/eeoc/task_force/harassment/report.cfm#_Toc453686319 23