The following information is from an interview with Lacey Halpern, PHR, HR Business partner at Xenium.
Harassment defined:
Harassment is legally defined as a form of discrimination that is based on a protected class, for example race, sexual orientation, age, religion or disability. However, even if a situation does not meet the legal definition, it could be considered work place bullying and should therefore be reported through the company’s complaint reporting procedures. Employers have a responsibility to maintain a safe and respectful workplace, so Human Resources should listen for buzz words such as ‘harassment’ and ‘hostile environment.’

“Harassment is illegal, even if everybody that’s involved in the conversation or behavior thinks it’s funny or no one is offended.”

How to handle it:
Employees: An employee who has witnessed or experienced harassment or inappropriate behavior must bring the concern forward to their manager or appropriate party, such as HR. Employees should be aware that although HR does their best to keep information confidential, it cannot be promised as names sometimes have to be used in order to solve the issue.
Employer: Since supervisors are often the ones who receive the complaint, it is their job to immediately report the incident to HR, a Senior Manager, or whoever is responsible for conducting investigations in the workplace. Responding promptly to the concern is the best way for a company to mitigate their risk. A thorough investigation should be conducted and all parties involved should be interviewed to gain accurate information about the incident or conduct. From there, the  the employer must take action to prevent any further incidents, which may mean training employees about workplace conduct, disciplining employees, or even terminating an employee.
How to avoid it:

“Most employees don’t go to work to harass each other, most employees go to work to do their job and in the process of building rapport and relationships unintentionally offend people.”

There are several ways that employers can prevent harassment. First off, it’s important to have an anti-harassment/discrimination policy in the employee handbook. This should be reviewed with all employees upon being hired to make it clear that there is a zero tolerance for harassment, discrimination and retaliation. Communicating this information during a new employee orientation is a good opportunity to make sure that the policy is clear since  the policies usually include legal language.
It’s also important to have a well-developed complaint reporting procedure that is outlined in the handbook so employees know that there is someone that they can talk to in these situations. The person listed as this go-to person should be someone who is available, has an open door and is willing to talk to employees.
Company-wide harassment training is another great way to educate employees on not only harassment, but also bullying and overall respectful behavior. Relating this information back to the company’s vision, mission and values helps to incorporate it into the culture of the company, and encourages positive behavior that will help the company to grow.

 “The best thing we can do is educate our employees and our managers on what’s appropriate and what to do if something happens that’s inappropriate.”

The laws are changing frequently and the list of protected classes considered at risk of being harassed grows almost annually. Business leaders and  owners must  ensure that their supervisors are prepared to respond appropriately in the case of harassment. Xenium’s upcoming training Recognizing and Preventing Harassment, helps managers understand what harassment is, how to prevent it, how to handle a complaint, and what the investigation process is like. For more information visit the Xenium Event page.