Preventive Law for Employers
Harassment and Discrimination

Promising Practices for Preventing Harassment

In April, 2023, the U.S. Equal Employment Opportunity Commission issued a technical assistance paper on Promising Practices for Preventing Harassment. While the paper is aimed at federal agencies, the EEOC urges private employers to consider its dozens of recommendations, too.  The document provides recommendations in four main areas: 1) leadership and accountability, 2) comprehensive and effective anti-harassment policies, 3) effective and accessible anti-harassment programs, and 4) effective anti-harassment training.  Following are the highlights in each area.

Leadership:

  • Conduct climate and exit surveys as well as review EEO complaint data to gauge the prevalence of harassment, retaliation, and other unwelcome work-related conduct.
  • Acknowledge and reward employees, supervisors, and managers for creating and maintaining a culture in which harassment is not tolerated.
  • Acknowledge and reward supervisors and managers for taking actions that prevent harassment. 

Policies:

  • Assure that bullying, intimidation, and stalking will not be tolerated.
  • Give an easy-to-understand description of prohibited conduct that includes practical examples of harassment.
  • Discuss how the anti-harassment policy may be violated through work-related conduct that occurs on virtual platforms, including social media.

Programs:

  • Conduct a prompt, thorough, and impartial investigation.
  • Take corrective action (including discipline) that is proportionate to the severity of the conduct, the impact on the overall workplace, the disciplinary history of the harasser, and other relevant factors.

Training:

  • Provided by trainers who are experts in the topic of harassment.
  • Conducted (virtually or in-person) in smaller groups that foster more employee engagement and participation.
  • Live, interactive discussions that allow attendees to participate and present questions and concerns to trainers.   

What this means to you:

Understanding and preventing harassment is essential for every business today. As the EEOC recognizes, a pre-recorded presentation cannot adjust to help a student who is struggling with this kind of material—only a live subject matter expert can. 

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Who is Ann Kiernan?

Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

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