unlawful when it might not be. For example, in most cases, one comment is not actionable. You also don’t want to imply that unacceptable behavior is OK simply because it is not severe or pervasive enough to violate the law. 8. Describe both severe and subtle examples of harassment. If employers don’t include the less obvious examples, supervisors may define harassing behavior too narrowly. If blatant behaviors are excluded, managers may fail to address what they cannot imagine anyone doing even when it does indeed take place. 9. Address unlawful harassment in all its forms. Harassment can be based on a person’s race, ethnicity, or religion. And don’t forget that gender-based harassment, even if it is not sexual in nature, is also against the law. 10. Provide supervisors with guidance on how to respond in the moment. If supervisors aren’t taught what to say from the very moment an employee reports harassment to them, they may say something unwise such as, “That doesn’t sound like Mark.” Make it simple: Supervisors should say, “Thank you for bringing your concerns to my attention. We take them very seriously.”
11. Emphasize that supervisors cannot promise absolute confidentiality. Managers should report all complaints to HR as a matter of course. If a manager promises absolute confidentiality and then discloses—as he or she must—there is, at a minimum, a loss of trust. 12. Train supervisors to respond pro actively to unacceptable conduct. Managers who see, hear, or otherwise become aware of harassing behavior should follow up, even in the absence of a complaint. To be silent is to condone. This is why the EEOC recommends that so-called bystander training be incorporated into supervisory education efforts. This type of training is based on the premise that witnesses or others who become aware of harassing behavior (bystanders) play a key role in stamping out harassment. 13. Emphasize non-retaliation. Fear of retaliation is the primary reason employees do not raise concerns when they should. Employers must define retaliation as broadly as the law in terms of who is protected (not just complainants) and what is prohibited (not just discipline and discharge). Examples of other prohibited retaliatory actions include changing the amount of work given to employees, shiſting the nature of assigned tasks, and excluding workers from key meetings.
The Magazine 29 Forecast | 2018
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