How to create an anti-harassment policy for your business
An anti-harassment policy is important for ensuring a safe workplace for employees. High-profile incidents have led to litigation and resignations of well-known figures in the entertainment, business and political worlds.
Having an anti-harassment policy that is applied consistently and fairly is important to make sure employees feel safe. It shows you won’t tolerate inappropriate behaviour and tells employees what process they can follow if there is an incident. It also helps show you are proactive about ensuring a safe workplace if a harassment case is filed in a tribunal or court.
The following steps are helpful for creating and applying an anti-harassment policy in your business.
1. Research legal requirements
Research your company’s obligations under applicable federal, provincial or territorial labour legislation. For example, businesses in many provinces are required to have a policy on workplace discrimination and harassment, including sexual harassment. Federally regulated companies must have a policy on workplace harassment and violence that also covers sexual harassment.
A well-crafted policy typically spells out:
- The employer’s zero-tolerance stance on harassment
- Behaviours that constitute harassment
- Procedures for filing, investigating and reporting harassment complaints
- The range of corrective measures that may be applied
The policy should be clearly worded to ensure it is easily understood. It’s vital for the policy to be applied consistently and fairly and for confidentiality to be respected when there is an allegation.
Even if your business isn’t legally required to have a policy, adopting one is still a good idea. It helps ensure a safe workplace, dissuades inappropriate behaviour and reduces liability risks in the event of an incident.
2. Offer several complaint channels
In addition to filing a formal complaint under the anti-harassment policy, it’s useful to offer employees a variety of channels to address their concerns. The more channels available, the less risk of issues going unaddressed. Examples may include the human resources team, a supervisor, a company ombudsperson, or an anonymous hotline.
It’s also important to proactively investigate allegations even if they haven’t reached the level of a formal complaint.
3. Educate employees
Ensure employees are instructed on your anti-harassment policy and sign off on it, including during onboarding and periodically thereafter or after policy updates. Special training should be provided to key personnel, such as human resources managers or those responsible for handling complaints.
You can also explore ways to proactively foster a harassment-free culture. Workplace committees and health and safety officers can play a key role in prevention and monitoring compliance.
4. Propose mediation
If a complaint is filed, it can be helpful to offer the parties a mediation process before a formal investigation is initiated. Mediation should be strictly voluntary and is only appropriate if parties feel safe. A neutral mediator acceptable to both parties should preside, and each party should have the right to be accompanied by someone of their choosing.
5. Consult a legal advisor on remedies
If an investigation substantiates the complaint, it’s best to consult a lawyer on the measures to be applied.
Any of the parties could pursue litigation or file a complaint with a labour tribunal or human rights commission if they feel the case has been mishandled.
6. Do a regular review
Regularly review your anti-harassment policy to ensure it is adequate, up to date and clearly understood by all employees. The process should include a periodic review of incidents to ensure compliance with investigation and reporting procedures.
Next step
Create your own guidelines to promote a safe and respectful work environment by downloading our Code of conduct and zero tolerance policy templates.