Creating an Anti-Harassment Policy

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

The importance of having an anti-harassment policy in place in the workplace cannot be overstated. Harassment, which can take many forms including verbal, physical and psychological abuse, can be damaging to individual employees and to a company as a whole. An effective anti-harassment policy sends a strong message to employees that the company takes such issues seriously and will not tolerate any form of harassment in the workplace.

At Genie AI, we have seen first-hand how important an anti-harassment policy is for creating a safe and productive work environment. As part of our mission to empower people with access to legal documents, we have developed the world’s largest open source legal template library - including templates for crafting quality anti-harassment policies tailored to your organisation’s specific needs and objectives.

Our AI technology uses millions of data points from across the legal industry to understand what constitutes market standard when it comes to drafting an effective anti-harassment policy. Moreover, with our community template library anyone can quickly draft and customize high quality legal documents – without paying a lawyer or requiring any prior technical knowledge or expertise!

But it doesn’t end there: in addition, it is also important that any anti-harassment policy should include clear definitions of what harassment entails and appropriate methods for reporting incidents; plus outline steps that will be taken if such a complaint is made. It is only by taking these extra measures that employers can truly create a culture where employees feel safe - both physically and psychologically - while also protecting their organisation from potential claims from those who have experienced harassment at work.

If you are looking for guidance on how best to craft an effective anti-harassment policy tailored specifically for your organisation then click below for step by step instructions on how you can use Genie AI’s template library today!

Definitions (feel free to skip)

Harassment: Unwanted or hostile behavior based on someone’s race, color, religion, sex, national origin, age, disability, or any other legally protected characteristic.
Zero-tolerance policy: A rule in which any type of harassment is not allowed and will be punished.
Reporting procedure: The process of making a complaint about harassment and how the complaint will be handled.
Investigation process: A process to examine and find out the truth about a situation, in this case, allegations of harassment.
Disciplinary measures: Consequences or punishments for engaging in harassment.
Safe workplace: A work environment that is free of harassment and discrimination.
Train staff: Educating employees on the anti-harassment policy.
Culture of respect: An atmosphere in which everyone is treated with kindness and understanding.
Communication plan: A strategy for informing employees about the anti-harassment policy.
Monitor the policy: Keeping track of whether the policy is being followed and if any harassment is occurring.

Contents

• Define harassment
• Explain what constitutes harassment at work and in the workplace, such as unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or any other legally protected characteristic.
• Establish a zero-tolerance policy
• Clearly state that harassment of any kind in the workplace will not be tolerated.
• Establish a reporting procedure
• Set up a procedure for employees to report incidents of harassment, and make it clear that reports of harassment will be taken seriously and handled promptly and appropriately.
• Establish an investigation process
• Explain how allegations of harassment will be investigated and handled, including who will be responsible for conducting the investigation and how long it should take.
• Establish disciplinary measures
• Set out the disciplinary measures that may be taken if harassment is found to have occurred, including potential disciplinary action up to and including termination of employment.
• Create a safe workplace
• Explain how the organization will create a safe and secure working environment for all employees, free from harassment and discrimination.
• Train staff
• Set out a training program for employees on the anti-harassment policy and how to recognize and report incidents of harassment.
• Promote a culture of respect
• Explain how the organization will promote a culture of respect and understanding among employees.
• Develop a communication plan
• Establish a plan for communicating the anti-harassment policy to all employees, including any changes or updates to the policy.
• Monitor the policy
• Set up a system for monitoring the policy, to ensure that it is being followed and any incidents of harassment are properly addressed.

Get started

Define harassment

• Research and review local, state, and federal laws related to harassment
• Identify the legally protected characteristics covered by anti-harassment laws
• Consult with any applicable labor unions or other employee representatives
• Draft a definition of harassment that covers all legally protected characteristics
• Have the definition reviewed and approved by legal counsel
• Include the definition in the anti-harassment policy

Once you have completed the research, identified the legally protected characteristics, consulted with relevant parties, drafted a definition of harassment, and had it reviewed and approved by legal counsel, you can check this off your list and move on to the next step.

Explain what constitutes harassment at work and in the workplace, such as unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or any other legally protected characteristic.

• List the legally protected characteristics in your anti-harassment policy
• Explain what constitutes harassment at work and in the workplace
• Make sure to include unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or any other legally protected characteristic
• Make sure to include examples of harassment to help employees understand what is and isn’t acceptable
• Include a statement that you will not tolerate any form of harassment
• Include a statement that employees are expected to report any harassment they witness

When you can check this off your list:

• When you have thoroughly explained what constitutes harassment
• When you have listed all of the legally protected characteristics
• When you have included examples of harassment
• When you have included a statement that you will not tolerate any form of harassment
• When you have included a statement that employees are expected to report any harassment they witness

Establish a zero-tolerance policy

• Draft a statement that expresses a zero-tolerance policy for harassment in the workplace
• Make sure that the statement is clear and unambiguous in its language
• Have the statement reviewed and approved by legal counsel and other relevant stakeholders
• Ensure that the statement is included in the employee handbook and other relevant documents
• Communicate the zero-tolerance policy to all employees
• When all of the above are completed, you can check this step off your list and move on to the next step.

Clearly state that harassment of any kind in the workplace will not be tolerated.

• Draft a clear policy statement that outlines the organization’s stance on any type of harassment in the workplace
• Make sure the policy is worded in a way that is clear and unambiguous
• Include examples of the types of behavior that are considered to be harassment and are not permitted in the workplace
• Spell out any potential consequences of engaging in such behavior
• Publish this policy in an employee handbook or on a company intranet
• Once you have drafted the policy and published it, you can check this step off your list and move on to the next step.

Establish a reporting procedure

• Develop a procedure for employees to report incidents of harassment, including contact information for employees to report such incidents.
• Make sure the reporting procedure is easy-to-understand and accessible to all employees.
• Ensure that employees are aware of the reporting procedure and know how to access it.
• Make it clear that reports of harassment will be taken seriously and handled promptly and appropriately.
• Provide employees with a safe and secure environment to report incidents of harassment, free from retaliation or the threat of retaliation.

Once these items are completed, you can check off this step and move on to the next one.

Set up a procedure for employees to report incidents of harassment, and make it clear that reports of harassment will be taken seriously and handled promptly and appropriately.

• Create a reporting procedure that outlines the steps employees need to take to report incidents of harassment.
• Ensure that the reporting procedure is clearly communicated to all employees, and that they are aware of their right to report any incidents of harassment.
• Make it clear that any reports of harassment will be taken seriously, and will be dealt with promptly and appropriately.
• Make sure that all employees understand that any reports of harassment will be treated with confidentiality.

How you’ll know when you can check this off your list and move on to the next step:

• When you have developed a reporting procedure that is clearly communicated to all employees, and when you have made it clear that any reports of harassment will be taken seriously and handled promptly and appropriately.

Establish an investigation process

• Develop an investigation protocol that outlines the process for addressing complaints
• Determine who will be responsible for conducting the investigation, such as an internal team or outside party
• Set a timeline for when the investigation should be completed
• Make sure the investigation process protects the rights of all parties involved
• Make sure all parties have the opportunity to provide evidence and testify
• Make sure the investigation is conducted in a confidential and unbiased manner
• Make sure the investigation results in a clear and fair resolution

Once you have established an investigation process, you can check this off your list and move on to the next step.

Explain how allegations of harassment will be investigated and handled, including who will be responsible for conducting the investigation and how long it should take.

• Determine who will be responsible for conducting the investigation. This could be a single person, a committee, an outside professional, or a combination of these.
• Consider what methods you will use to investigate the allegation. This could include interviews, reviewing documents, or other forms of evidence.
• Set out a timeline for the investigation process, with estimated duration for each step.
• Explain that the investigation will be conducted in a confidential manner, to the extent possible.
• State that the investigation is independent and impartial, free from bias.
• Assure that all parties involved will be provided with due process and equal treatment.
• Ensure that the investigation is completed in a timely manner and all parties are informed of the results.

You will know that you can check this off your list and move on to the next step when you have determined who will be responsible for conducting the investigation, established the investigative methods to be used, set out a timeline for the investigation process, and explained how the investigation will be conducted in a confidential manner, with due process and impartiality.

Establish disciplinary measures

• Work with team to create a list of disciplinary measures that may be taken if harassment is found to have occurred
• Include potential disciplinary action up to and including termination of employment
• Ensure disciplinary measures are appropriate and in line with company policy and anti-harassment laws
• Document the disciplinary measures in the policy
• Once the disciplinary measures have been created, documented and approved, this step can be checked off the list and the next step can begin.

Set out the disciplinary measures that may be taken if harassment is found to have occurred, including potential disciplinary action up to and including termination of employment.

• Detail the disciplinary action that can be taken in cases of harassment, such as verbal warnings, written warnings, suspensions, and/or termination of employment
• Outline the circumstances in which each action might be taken and the process for determining the appropriate disciplinary measure
• Explain to employees that any form of harassment is unacceptable and that the company will take whatever action it deems necessary to protect its workforce and maintain a harassment-free workplace
• Make sure that the disciplinary measures are clear, easy to understand, and in line with applicable employment laws
• When you have finished drafting the disciplinary measures, review the policy with legal counsel and make any necessary revisions

When you have finished drafting the disciplinary measures and any revisions, you can check this off your list and move on to the next step.

Create a safe workplace

• Identify the policy statement that sets out the organization’s commitment to providing a safe and secure working environment for all employees, free from harassment and discrimination
• Outline the expectations for employees to adhere to the policy and the consequences for any breach of the policy
• Train all staff on the policy, including the definitions of harassment and discrimination and the reporting procedures
• Post and prominently display the policy in all work locations
• Make sure all staff have access to the policy and are able to understand and follow it
• Provide a confidential and safe environment for employees to report any incidents of harassment or discrimination
• Encourage staff to report incidents of harassment or discrimination and provide training on how to do so
• Establish a clear procedure for reporting and responding to allegations of harassment or discrimination

How you’ll know when you can check this off your list and move on to the next step:
Once you have completed the steps above, you can move on to the next step in creating an Anti-Harassment Policy.

Explain how the organization will create a safe and secure working environment for all employees, free from harassment and discrimination.

• Establish a zero-tolerance policy for all forms of harassment and discrimination.
• Develop and implement an anti-harassment policy that outlines the expectations for employee behavior.
• Clearly outline the consequences for any violations of the anti-harassment policy.
• Educate employees on the anti-harassment policy and the methods for reporting any incidents of harassment or discrimination.
• Designate a point of contact for employees to report any incidents of harassment or discrimination.
• Provide a secure, safe and confidential mechanism for reporting any incidents of harassment or discrimination.
• Ensure that all reports of harassment and discrimination are investigated promptly and thoroughly.
• Take necessary steps to protect employees who have reported incidents of harassment or discrimination.

You can check this off your list when you have developed and implemented an anti-harassment policy and have taken steps to educate your employees about it.

Train staff

• Schedule a training session for all employees to go over the anti-harassment policy and how to recognize and report incidents of harassment.
• Make sure to explain the process for filing a complaint and the available resources for employees.
• Provide examples of what constitutes harassment and explain the consequences of any violations of the policy.
• Encourage open dialogue and answer questions from employees.
• Make sure to document who attended the training and the date.

Once all employees have attended the training session, you can move onto the next step.

Set out a training program for employees on the anti-harassment policy and how to recognize and report incidents of harassment.

• Determine the target audience for the training
• Create a curriculum that includes the components of the anti-harassment policy
• Determine the best method of delivering the training, such as in-person, online, or through a combination of the two
• Set a timeline for the training to be completed
• Develop or purchase training materials
• Secure a location (if needed)
• Book speakers and trainers
• Ensure that the training materials are compliant with applicable laws
• Publish the training to all employees
• Monitor and track employee compliance

You can check this off your list when you have successfully planned and implemented the training program, and all employees have completed the training.

Promote a culture of respect

• Develop a statement of respect for employees that outlines what is expected of them in terms of their behavior towards each other.
• Establish a code of conduct that outlines appropriate behavior and expectations for employees.
• Create a policy that outlines the consequences for not following the code of conduct.
• Make sure that all employees are aware of the code of conduct and their responsibility to follow it.
• Encourage employees to speak up if they feel that their rights are being violated or that someone is not following the code of conduct.
• Develop a reporting process for employees to use if they feel that they have been the victim of harassment or discrimination.
• Hold regular meetings with employees to discuss the importance of respect in the workplace and to ensure that everyone is familiar with the code of conduct and the reporting process.

You can check this off your list and move on to the next step once you have developed a statement of respect, established a code of conduct, and created a policy outlining the consequences of not following the code of conduct. You should also ensure that all employees are aware of the code of conduct and their responsibility to follow it, encourage employees to speak up if they feel that their rights are being violated, and develop a reporting process for employees to use if they feel that they have been the victim of harassment or discrimination. Additionally, you should hold regular meetings with employees to discuss the importance of respect in the workplace and to ensure that everyone is familiar with the code of conduct and the reporting process.

Explain how the organization will promote a culture of respect and understanding among employees.

• Create a policy statement detailing the organization’s commitment to creating an environment free from harassment and discrimination.
• Set expectations for all employees that every individual should be treated with respect and fairness regardless of their gender, race, ethnicity, sexual orientation, age, or disability.
• Establish a zero-tolerance policy for any form of harassment and discrimination.
• Develop a program to educate employees on the details of the policy and its importance.
• Provide employees with resources to report any type of harassment or discrimination they may experience or witness.
• Ensure all employees understand the consequences for breaking the policy.

Once all of the above points are completed, you can move on to the next step: Developing a communication plan.

Develop a communication plan

• Determine the best way to communicate the anti-harassment policy to employees, such as via an employee handbook, emails, and/or on-site meetings.
• Draft a memo or other document outlining the anti-harassment policy and any changes or updates.
• Ensure that the document is provided to all employees.
• Provide a date and time for an on-site meeting to discuss the anti-harassment policy with employees and answer any questions they may have.
• Make sure all employees are aware of the policy, understand it, and are familiar with reporting procedures.
• Consider offering an online training session to explain the anti-harassment policy and answer any questions.

Once the communication plan has been successfully implemented, you can check this step off your list and move on to the next step.

Establish a plan for communicating the anti-harassment policy to all employees, including any changes or updates to the policy.

• Decide on the best channels to communicate the anti-harassment policy to all employees (e.g. email, intranet, physical copies, etc.)
• Draft a plan for how the policy will be communicated (e.g. when, who, what, etc.)
• Make sure to include any changes or updates to the policy in the communication plan
• Publish the anti-harassment policy to the relevant channels
• Check that all employees have received and read the policy
• Keep a record of all communication related to the anti-harassment policy
• Establish a timeline for reviewing and updating the policy as needed

You’ll know you have successfully established a communication plan for your anti-harassment policy when you have published the policy to the relevant channels and checked that all employees have read and understood it.

Monitor the policy

• Create a reporting system for employees to report any incidents of harassment
• Establish a process for responding to and investigating reported incidents of harassment
• Develop a system for tracking and monitoring responses to incidents of harassment
• Put a system in place to ensure that any changes or updates to the anti-harassment policy are communicated to all employees
• Ensure that the policy and its enforcement are regularly reviewed and any necessary changes are made
• Have a designated person or team responsible for monitoring the policy

Once all the above steps have been completed, you can check this off your list and move on to the next step.

Set up a system for monitoring the policy, to ensure that it is being followed and any incidents of harassment are properly addressed.

• Designate a staff member or team to be responsible for monitoring the policy
• Set up a system to track complaints, investigate claims, and address any potential issues
• Establish clear guidelines on how to handle reports of harassment
• Make sure that all employees are aware of the policy, and how to report any incidents
• Establish a timeline for when complaints should be addressed
• Document any findings and disciplinary actions taken
• Make sure the policy is regularly reviewed and updated

When you can check this off your list and move on to the next step:

• When the staff member or team responsible for the policy is identified and has been trained on the policy
• When the system for tracking complaints, investigating claims, and addressing any potential issues has been set up
• When all employees have been made aware of the policy and how to report any incidents
• When an established timeline for when complaints should be addressed has been set up
• When any findings and disciplinary actions taken have been documented
• When the policy has been reviewed and updated on a regular basis

FAQ:

Q: Is there a difference between an Anti-Harassment Policy and a Dignity At Work Policy?

Asked by Jessica on 2nd March 2022.
A: Yes, there is a difference between an Anti-Harassment Policy and a Dignity At Work Policy. While both address the same issue of providing a safe, respectful and dignified working environment for all employees, an Anti-Harassment Policy is focused on preventing and responding to incidents of harassment, while a Dignity At Work Policy is broader in scope and can include measures to prevent bullying, intimidation, and discrimination as well.

Q: Are there differences between Anti-Harassment Policies in the UK, USA, and EU?

Asked by John on 23rd April 2022.
A: Yes, there are differences between Anti-Harassment Policies in the UK, USA, and EU. The UK Equality Act 2010 provides a legal framework that employers must comply with when creating an Anti-Harassment Policy. In the USA, federal law prohibits sexual harassment in the workplace while individual states may have additional laws to consider. The EU’s General Data Protection Regulation (GDPR) also provides additional protections for employees in relation to their personal data. It is important to ensure your policy is compliant with applicable laws across all jurisdictions in which you operate.

Q: Are there industry or sector specific considerations when creating an Anti-Harassment Policy?

Asked by Robert on 8th May 2022.
A: Yes, there are industry or sector specific considerations when creating an Anti-Harassment Policy. Depending on the sector or industry you operate in, there may be additional regulations or standards that you need to consider when creating your policy. For example, if you are operating in the financial services sector then you may need to take into account regulatory requirements such as the Senior Managers & Certification Regime (SMCR). It is important to ensure that your policy meets any industry or sector specific requirements applicable to your business.

Q: What measures should be included in an Anti-Harassment Policy?

Asked by Anna on 31st May 2022.
A: An effective Anti-Harassment Policy should include measures such as a clear definition of what constitutes harassment in the workplace; examples of unacceptable behaviour; details of how employees can report any incidents of harassment; guidance on how complaints will be investigated; procedures for dealing with any allegations of harassment; and details of the sanctions that may be imposed if an employee is found guilty of harassing another employee. It should also cover measures for providing support for victims of harassment as well as training for all employees on what constitutes acceptable behaviour at work.

Q: What are some best practices when creating an Anti-Harassment Policy?

Asked by Ashley on 16th June 2022.
A: Some best practices when creating an Anti-Harassment Policy include involving all relevant stakeholders (employees, management etc.) in policy design; ensuring that the policy is compliant with applicable laws; setting out clear procedures for reporting incidents; providing training sessions for all employees so that they understand what behaviour is unacceptable; ensuring that any investigations into allegations are conducted objectively; and making sure that victims of harassment are provided with appropriate support. It is also important to ensure that your policy is regularly reviewed and updated to ensure it remains effective in protecting employees from any form of harassment at work.

Example dispute

Suing a Company for Violating an Anti-Harassment Policy

• Plaintiff must prove that the company has a written anti-harassment policy and that the policy was violated by the company’s actions.
• The plaintiff must provide evidence that the company was aware of the anti-harassment policy and that the policy was not followed.
• Plaintiff must show that the company’s actions caused them harm or distress, such as lost income, emotional distress, or other damages.
• Plaintiff must demonstrate the amount of damages they are seeking from the company.
• Plaintiff must be able to show that the company’s actions were intentional, negligent, or reckless in order to be awarded damages.
• Plaintiff may be able to seek out a settlement with the company or bring the case to court.
• If the case goes to court, a jury will decide on the amount of damages to be awarded to the plaintiff.

Templates available (free to use)

Anti Harassment Policy
Anti Harassment Policy California
Anti Harassment Policy Colorado
Anti Harassment Policy Equality Act 2010
Anti Harassment Policy Florida
Anti Harassment Policy Georgia
Anti Harassment Policy Illinois
Anti Harassment Policy Louisiana
Anti Harassment Policy Massachusetts
Anti Harassment Policy Minnesota
Anti Harassment Policy Missouri
Anti Harassment Policy New Jersey
Anti Harassment Policy Ohio
Anti Harassment Policy Pennsylvania
Anti Harassment Policy Tennessee
Anti Harassment Policy Texas

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