As discussed in our previous blog on Demystifying “Hostile Work Environment” Complaints, clients often reach out to us when they are faced with an employee complaint alleging a “hostile work environment.”  Our previous blog explored the legal definition of what constitutes a hostile work environment and explained some of the benefits to investigating such complaints, whether or not the complainant alleges behavior that actually meets the legal definition of a hostile work environment.  This is part two of the previous blog, where we discuss how to prevent a hostile work environment. In part three, we will explain how to investigate a hostile work environment complaint.

How to Prevent a Hostile Work Environment

When employees experience behavior that they consider “hostile” at work, it often has a damaging impact on not only the individual employee’s mental health and morale, but also on the broader organization.  As such, it is crucial for employers to think proactively about how to foster a work environment that is respectful, inclusive, and positive.  This approach makes good business sense too: minimizing conflict and proactively addressing employee concerns enables employers to avoid expensive lawsuits and protracted negotiations with disgruntled employees.  Here are some important steps to design and foster a healthy, “hostility”-free work environment:

1.     Implement a Clear Anti-Harassment Policy

One of the most effective ways to prevent a hostile work environment is to establish a clear and comprehensive anti-harassment policy. This policy should:

• Define Harassment: Clearly define what constitutes harassment, abusive conduct (sometimes referred to as “bullying”), and discrimination, with examples.

• Set Expectations for Behavior: Clearly state the company’s commitment to a respectful and inclusive workplace and outline acceptable and unacceptable behaviors.

• Outline Reporting Procedures: Provide a straightforward process for employees to report incidents confidentially and without fear of retaliation.

• Specify Consequences: Detail the consequences of violating the policy, including disciplinary actions up to and including termination.

2.     Provide Regular Trainings on Anti-Harassment

Anti-harassment training is essential to ensure that all employees understand what constitutes inappropriate behavior and how to report it.

• Mandatory Training: In California, employers with five or more employees must provide non-supervisory employees with one hour of anti-harassment training within the employee’s first six months of hire, and every two years thereafter. Supervisory employees must receive two hours of anti-harassment training within the employee’s first six months of hire, and every two years thereafter.

• Include Examples and Specifics: The anti-harassment training should not only cover the definition and intellectual concepts of harassment, but it should also include examples and scenarios of real-life harassment and inappropriate behavior.  Including these specific examples helps ensure that employees truly grasp the concepts that are being explained.

• Ongoing Education: Regularly update training materials to reflect changes in laws, policies, or emerging issues in the workplace.  Make employees aware of these changes.

• Work with Employment Counsel Proactively:  Maier Law Group offers anti-harassment training that can be customized to your company and its culture.  We can also review training materials and policies to ensure that your organization is compliant with current law.

 3.     Foster a Culture of Respect and Inclusion

 The key to preventing employee complaints in the first place is to create a workplace that is respectful and inclusive.  This can be achieved by:

• Promoting Open Communication: Encourage employees to voice concerns and provide feedback without fear of reprisal.

• Leading by Example: Management should model respectful and inclusive behavior. Leaders play a critical role in setting the tone for the organization.

• Encouraging Diversity: Embrace and celebrate diversity in the workplace. Diverse teams bring different perspectives and can help prevent groupthink, which can contribute to a toxic environment.

• Recognizing and Rewarding Positive Behavior: Acknowledge and reward employees who demonstrate respect, teamwork, and inclusivity. 

Maier Law Group regularly assists employers with both the prevention steps discussed above, and of course, with workplace investigations, should an employee complaint arise nonetheless.  Please reach out to us if we can assist!  MLG’s attorneys find great joy in helping employers foster positive, respectful, and inclusive workplaces.

 Author: Emily Harrington, Associate.

This article has been prepared for general informational purposes only and does not constitute advertising, solicitation, or legal advice. If you have questions about a particular matter, please contact Maier Law Group directly.