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Best Practices for Preventing and Defending Against Harassment and Discrimination Claims

In the recent In-House Connect webinar, “Employment Law for In-House Counsel: Best Practices for Preventing and Defending Against Harassment and Discrimination Claims,” employment law experts Lindsay Dischley and Melissa Salimbene of Chiesa Shahinian & Giantomasi PC, provided insights on managing harassment and discrimination claims in the workplace. The session highlighted practical strategies for minimizing risks and fostering a respectful work environment. 

 

Here are the five key takeaways from the webinar:

 

  1. Develop and Enforce Effective Anti-Harassment Policies

To effectively combat harassment, employers must create and maintain comprehensive anti-harassment policies. These policies should clearly define prohibited behaviors, mandate that supervisors report any incidents, and offer multiple reporting channels. Regularly updating these policies is essential to reflect changing legal standards and workforce dynamics.

 

  1. Adapt to Virtual Work Environments

With the increase in remote work, addressing harassment in digital spaces is now a critical concern. Employers should adapt their policies to cover virtual interactions, including email, text, social media, and video calls. Establishing clear guidelines for screen sharing, background use, and appropriate online conduct helps prevent harassment in these settings.

 

  1. Foster an Inclusive Workplace Culture

Building an inclusive workplace culture through robust diversity, equity, and inclusion (DEI) initiatives can significantly reduce harassment and discrimination claims. Employers should use gender-neutral language in their policies, accommodate non-binary identities, and promote a respectful and inclusive environment.

 

  1. Implement Proactive Pay Equity Measures

Addressing pay equity proactively helps mitigate potential claims. Employers should consider implementing pay transparency in job postings, eliminating salary negotiations, and conducting regular pay equity audits. Reviewing and updating job descriptions and salary bands can also help ensure fair compensation practices.

 

  1. Conduct Thorough and Fair Complaint Investigations

When handling complaints, employers must follow rigorous investigation procedures. This includes conducting prompt investigations, taking corrective actions, maintaining confidentiality, and protecting complainants from retaliation. Proper documentation of performance issues and termination decisions is crucial for defending against unfounded claims.

 

The webinar underscored the importance of these strategies in preventing and managing harassment and discrimination claims. Engaging with experienced employment law professionals is essential for navigating these complex issues.

 

Missed The Webinar? You can watch it now via IHC On-Demand!

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