Play it safe: enforcing zero tolerance for workplace harassment--and retaliation.

AuthorKinder, Peri
PositionBusiness Trends

It's a good sign that companies are training employees how to keep abuse and harassment out of the workplace. It's also a good sign that more people are coming forward to report unlawful and offensive conduct.

What's not a good sign is that in 2014, 62 percent of all harassment claims were due to retaliation. Although there are laws that are supposed to protect a person who files a harassment claim, it turns out that employees are still being targeted after filing a complaint.

In the fall of 2015, two potato packing plants in Colorado were ordered to pay $450,000 to settle a lawsuit that accused the companies of retaliation and harassment. The Equal Employment Opportunity Commission (EEOC) found that Smokin' Spuds and Farming Technology were guilty of subjecting more than 12 women to verbal sexual harassment and unwelcome physical contact.

In response to the harassment claim, the company fired three of the women for taking their complaints to management officials. Human resource specialists hope incidents like this can be eliminated through training and common sense.

"We wouldn't have 62 percent retaliation claims nationwide if everyone was doing what they were supposed to be doing," says Tracee Comstock, Salt Lake Society of Human Resource Management 2015 president. "We need to create an open-door policy where employees can discuss any type of situation without fear of ridicule, retaliation or reprisals."

Harassment Education

Cases like the situation in Colorado make it even harder for someone to come forward with a complaint against a co-worker or manager. While laws are created to protect employees from retaliation through firing, demotion or other means, vengeful actions still occur. So how can companies guarantee an employee's claim will be taken seriously, and how can an employee protect themselves after reporting an incident?

First, ongoing training is essential. Companies often think they can't afford training, so they postpone training or have a manger conduct the workshops. But Comstock says you should hire someone outside the company to do the training. "Have a third-party employment attorney handle that. No matter how small or large your company is, you always need to do your anti-harassment training with managers yearly, maybe even every six months."

Regular trainings help remind employees exactly what "unwelcome conduct" entails. Off-color comments based on a person's race, religion, gender, age, national origin or color...

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