Create a Fun Working Environment; plan for it to become hostile

Every Company Needs to Have a Sexual Harassment Policy
I think every business owner or company leader wants their employees to enjoy the time they spend working, and great efforts are made to make work fun, engaging, and satisfying. But, as the saying goes, "Hope for the best, plan for the worst", a company must prepare for fun to turn ugly. Companies that have a plan of action and procedures to follow for such events like, sexual harassment, are better able to address an event or a negative behavior of an employee more quickly, and hopefully return the workplace to an atmosphere that people appreciate and enjoy.

A Call No One Wants to Receive
This week I received a call from the Kansas Human Rights Commission. The representative from the KHRC called to inform me that a past temporary employee had filed a complaint about the treatment she received while at a client jobsite and her perceived opinion that we were at fault with our response to her claim. The incident she filed a complaint with the KHRC occurred during her placement on a job dating from July 2008 to October 2008.

I informed the KHRC rep that I had started working for the company this last August, almost a year after the incident occurred and that the two staff employees who handled her original claim of harassment were no longer with the company. I explained that I had her file in hand, some documentation of her claims, and some documents from the staff about the actions taken, but that I still needed to review the information before I could adequately speak on the situation. He explained that his position is not to advocate for either side, only to act as a mediator. I asked him what I needed to do if I wanted to dispute her claim. He gave me a brief explanation and examples of how to dispute the charges and also explained the other option of settling the case by paying a sum of money to the claimant. He went even further by informing me that our client where she worked had already paid a settlement and that she may also be willing to do the same with us. Telling me that our client got a great deal and that it may not take much to settle this case, but he did not go as far as to say exactly how much money he was referring to for a payout.


What to Do When the Cart is Before the Horse?
I have always worked for large enough companies that already have policies and procedures for handling situations of harassment. This would be the first time as a manager/business owner I would have to handle a charge such as this without knowing exactly how these complaints were handled or how to untangle the web of information of what was documented to dispute a case.

I first, requested a copy of the past employee's complaint from the KHRC, which was quickly faxed to my office. I then read the complaint and claims made against us and our client. After reading the document carefully, I met with my brother to hear his side of the story and to help sort through all the documents our office had regarding the matter. I then, independently read her employee file thoroughly, reviewing her performance and/or behavior write-ups and reading again all the documentation of the incident of harassment she reported to our company. I then, met with my brother again and explained my perceptions of the events. I described the timeline with the course of actions taken during her time in our program and her placement at the jobsite. I had my brother explain any holes I indentified and asked questions to further explore the environment and the actions that took place. After all my investigative work, I decided it was in our interest to dispute the charge against us. It was my belief that, once Fresh Start was made aware of the behavior and treatment of the employee at the location, they had taken appropriate actions to remedy the situation and most importantly provide the employee a safe and comfortable work environment.

I used all of my notes and the information in the employee's file to write a letter to the KHRC. I first wrote, about the timeline of the employee's placement through our service and the events leading to the employee's complaint of harassment and the actions taken by staff once the complaint was made. Second, I described the employee's decision to voluntarily discharge herself from our program. Then I explained the performance of the employee while in our program and of the write-ups she did receive for violating company policies. Lastly, I restated the employee left on good terms and that it was her decision to vacate the residence by self discharge. It was our understanding that the employee no longer wanted the help of our service to provide her employment and residence.

I sent my letter via fax back this week to the KHRC rep, asking him to let me know what other documentation would be necessary to clear up the matter. I have yet to hear what if any further action will be required on our part. While I truly believe that my brother and his staff at the time did work in the employee's best interest and took appropriate actions to resolve the matter. I did come to the realization that our company lacks a formal process to address complaints as serve as sexual harassment and that steps need to be taken as soon as possible to have a thorough and adequate procedure in place for any future complaints.

To Do's for Putting a Sexual Harassment Policy and Procedures in Place
If your company does not have a formal policy and procedure in place to address issues of a hostile work environment, I recommend taking the following steps.
1. Visit your state's Human Rights Commission webpage and review the state's laws on discrimination.
It is also advisable to review the steps that the HRC will take once a complaint is files and proceeds with an investigation. This information is helpful for the company to determine all the documentation required to dispute and future charge.
2. Consult your legal advisors or a human resource professional.
An attorney or a human resource professional with a PHR or SPHR will be able to answer any questions on creating a policy that covers all legal requirements and review any documents created addressing the proper procedures in handling such complaints.
3. Train your entire staffing, including managers and support staff.
All employees in their orientation should receive diversity/sexual harassment training, and the policies should be refreshed and reviewed with all staff every two years. It is important to stay current on all legal requirements and routinely remind employees of the law and the company's policy/attitude towards such behaviors.
4. Make filing a claim of harassment as comfortable and clear as possible.
Employees should not fear addressing any concerns for their well-being. It should also be clear as to whom the employee is to address their complaints. Have the necessary hierarchy of the company explained to every employee, and those in that hierarchy should be trained in implementing an investigation. All managers need to have an open door, especially if the employee's immediate supervisor is the one they feel threatened by, then the employee will be aware of whom they should speak to about their situation.
5. Document what you do, do what you document.
Put everything you do into a written document and have the documents signed by you and a witness. Staff members may leave the company or attitudes about the company may change. In the event, that an employee is no longer employed at the company the document they filed is retained, and if the employee later changes their story, then the document helps you argue the discrepancy.
6. Be aware.
No manager should turn a blind eye or participate in such behavior that is against the law or company policy. While, it is impossible to know what is going on at all times, it is important your employees know communications channels open. If you hear something that is disturbing, then you need to investigate it yourself.

Taking these steps is important to creating the fun, engaging, and satisfying workplace you desire. When teams play or compete against each other, it is important to know the rules of the game and the consequences for violating the rules. Think of a time you played a game and an argument broke out about what was out-of-bounds, what counted as a scoring play, when someone could call a time out, and why something drew a foul? The game may have started out as a fun spontaneous game, but once it became clear no one knew the rules or it seemed one side changed the rules to favor them, then the game was no longer fun and seemed pointless or unfair. That is the same with creating a comfortable workplace. Employees need to know the rules of the game in order to have fun. If these rules are not in place or not applied the same to everyone, then your workplace will turn as ugly as an unruly playground.

For more information on actually writing a sexual harassment policy visit:
http://www.ehow.com/how_2140066_create-sexual-harassment-policy.html

For information becoming an HR professional visit:
http://www.shrm.org/