How to prevent harassment and discrimination

Harassment and discrimination are two problems that have been around for decades and it does not seem like they will go away anytime soon. Over 50% of employees have witnessed some form of harassment and discrimination, with the main ones being bullying, sexual harassment and racism. These types of misconduct can often be indirect or may be done under the disguise of ‘making a joke’. It could be difficult for a victim to determine whether they are experiencing unfair treatment or if they are overreacting. This is why it is important to prevent such behaviour from happening in the first place. 

Examples of harassment and discrimination

As an observer, it is essential to understand what harassment and discrimination could look like, especially if they are not done in an obvious manner.

Harassment includes:

• Insults and name-calling
• Unwelcome sexual advances
• Inappropriate jokes
• Violent, harsh or sexual physical contact 
• Unnecessary comments
• Bullying, including cyberbullying

Discrimination includes:

• Lower pay
• Colleague isolation
• Promotion refusal based on personal characteristics
• Policies that restrict religious liberty
• Ridiculing someone’s speech or characteristics (age, sexuality, disability)

Employees should not try to find harassment and discrimination where they do not exist, but they should also keep track of unusual behaviour they notice. In a workplace, there are different cultures with different definitions of harassment. Employees may not have bad intentions and may be misunderstood, which is why it is necessary to keep an open mind and communicate. 

Preventing harassment and discrimination

The goal of every company should be to create an environment that is free from harassment and discrimination. To work towards that goal, businesses should: 

• Enforce existing policies
• Give employees a way to make a complaint
• Take quick action
• Document any incidents
• Provide training for all levels
• Create an inclusive culture
• Encourage open communication 

Enforce existing policies

How often do you reference the current policies that protect employees against discrimination and harassment? Do you remind staff of the company values and expectations? It is not enough to create strong policies;

• Companies need to enforce them by taking action when things go south
• Regularly reminding individuals creates a risk-aware culture
• People are more likely to speak up if policies are mentioned often
• Employees feel safer and are less scared of retaliation
• Misconduct is heavily discouraged

Policies are not there to be dead documents. The organisation should continue to refer back to them and let employees know they are not alone. Moreover, policies should be easily accessible in case employees want to read through them or want clarification on what they should do when faced with an incident. 

If you don’t have a harassment and discrimination policy yet, this is the right time to create one. If you are struggling to come up with the appropriate wording, develop a team of employees who would be willing to help and provide feedback. Involving staff in the process will result in a more authentic outcome that encompasses perspectives beyond the leadership team. 

Give employees a way to make a complaint

Do the employees know how to report an incident? Have you given them a confidential way to report harassment and discrimination? In most companies, the harassment and discrimination complaints go to a direct supervisor or the human resources team. However, there is also the option of anonymously reporting a complaint. For example, our customers entrust us to handle their complaint reporting, especially when it comes to whistleblowers.

As mentioned, the report process should be included in the policies or in the employee handbook. Executives and leaders can also mention how complaints can be reported when they bring up policies and procedures. 

Take quick action

How fast an organisation takes action can greatly affect an employee’s well-being. If the organisation ignores a complaint for too long, it could lead to a situation escalating and could even affect more people. 

If an employee comes forward with a complaint, take some time to listen to what they have to say and ensure that you follow through with an effective plan to deal with the issue. In most cases there will be a conversation with the other employee, there could be a written warning or in most severe cases, an investigation. Depending on what it is, you should consider the feelings of all employees involved.

You might not be able to please everyone but making an effort to provide them with the right resources can go a long way. It could prevent retaliation, claims of favouritism and lead to a more understanding outcome. 

Document any incidents

Once a harassment and discrimination complaint has been submitted, you should check that you have all the important details needed. This can include the name of the person who is being accused, a detailed description of what took place and where and when it took place.  It is possible for employees to harass others or discriminate against them outside of work hours. It may be a party where the whole team was invited and not them, inappropriate touches at a dinner or unwanted messages. 

Not all situations will be treated as equal. For example, not inviting an employee to a non-work party is not an example of discrimination but if an employee reports it, it will be worth documenting it in case similar instances happen again. 

However, when it comes to inappropriate touching and messages, it is important to speak to both parties to understand what happened and take further action. Every step of the process should be documented: 

• What was reported
• When it was reported
• The people involved
• When meetings were scheduled
• Details of what was talked about in the meetings
• Any direct evidence that was provided
• What the decision was at the end

This will allow the company to keep a track of employee complaints and ensure consistency in its response. 

Provide training for all levels 

A lot of the time, victims may second guess themselves as there is no clear indication of harassment and discrimination. They might see how they treat other employees and think that their colleague is a good person. People do not want to label their colleagues as ill-intended, and it can be hard to determine whether feedback is constructive or unnecessarily rude. 

Our clients have taken an extra layer of protection against harassment and discrimination by relying on Polonious to help them handle their cases. Our transparent and standardised processes ensure procedural fairness while our efficient way of automating administrative tasks, providing case updates and generating case reports assures employees that action will be taken quickly.

Training should inform employees of:

• What actions are appropriate in the workplace
• How they can report incidents
• Where they can access support if they need it
• Who they can talk to
• How  to deal with a difficult conversation or situation
• What are their rights 
• The importance of speaking up

The company may offer a general harassment and discrimination training program and then focus on certain topics at different times as they will probably need to delve deeper and provide more details. 

Create an inclusive culture

To create an inclusive culture, it is essential to bring together talented employees from different backgrounds. This does not guarantee that harassment and discrimination will be eliminated but reduces the instances of the problem. In an inclusive environment, managers will need to lead by example and show what actions are welcomed and those that are not. 

For example, wording that used to be ok in previous generations is no longer allowed in current workplaces. Policies should take into account the differences of employees. Parental leave for all genders, flexible working arrangements, equal opportunity initiatives and cultural celebrations are a few ways to support diversity and inclusion. 

Encourage open communication 

Last but not least, one of the best ways to prevent harassment and discrimination is to have regular catch-ups with employees. Check how they are feeling, if there is anything they are struggling with or if they have any concerns. 

Ensure that in meetings all employees feel comfortable with voicing their opinions and be aware of the language used when you are trying to be supportive of them. For example, ‘For a woman your age, you are doing great’ may not sound right. 

If an incident showed that employees are hesitant to speak to their manager, it would be advisable to look into the reason why. If employees do not feel comfortable around their supervisors, it might be possible for harassment and discrimination issues to go unnoticed. 

Harassment and discrimination prevention is ongoing 

Note that even employees at a higher level can be harassed, it goes both ways. More power does not mean that these employees cannot be victims too. That is why it is so important to listen before you take action. Things may seem unusual but down the line, they could make more sense. 

Do you want to know more about our role in preventing harassment and discrimination? Book a demo with one of our friendly experts to hear more about how we have helped our clients and how we can help you as well. 

In the meantime, have a read through similar articles that can be helpful in your goal of stopping harassment and discrimination:

Dealing with discrimination claims in the workplace

4 Reliable Ways Case Management Fights Workplace Discrimination

Handling harassment complaints at work

How to investigate discrimination in the workplace

Sexual harassment in the mines: How a case management system can help