Harassment

An effective policy should define prohibited conduct broadly, cover all protected characteristics, provide multiple reporting channels, prohibit retaliation, describe the investigation process, and state that violations will result in disciplinary action up to termination.

Prevention strategies include regular training for all employees and managers, clear reporting mechanisms, prompt and thorough investigation of complaints, consistent enforcement of anti-harassment policies, and leadership commitment to a respectful workplace culture.

Employers are automatically liable for supervisor harassment resulting in tangible employment action. For hostile environment harassment, employers can raise the Faragher-Ellerth affirmative defense by showing they maintained reasonable prevention and correction measures and the employee failed to use them.

Senior executive complaints require special handling—typically involving outside investigators to ensure independence, board or audit committee oversight, enhanced confidentiality protocols, and careful consideration of interim measures to protect the complainant and the investigation process.