How to reign in workplace harassment before employees quit

Most employers are aware that harassment of employees in protected categories is prohibited by law. And most have implemented anti-harassment policies and practices to protect against this type of harassment.

But it is also in the best interest of employers and employees to address toxic workplace behaviors, such as bullying and abusive conduct, which may not violate the law but are nonetheless detrimental to maintaining a safe work environment and often lead to employee turnover.

To prevent bullying and abusive conduct in the workplace, an employer should:

Establish policies that prohibit such behavior:  
Employers should create an internal policy or code of conduct, ideally with input from staff, that outlines what behaviors will not be tolerated in the workplace and the consequences for violating those policies or expectations. Anti-bullying policies should address onsite and remote/online behaviors. Definitions of bullying and abusive conduct usually include repeated incidents of derogatory insults, remarks and epithets, threatening verbal or physical conduct, microaggressions, humiliation, and undermining an employee’s work performance.

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Train employees to report it:  
Employees should be trained to recognize and report this type of misconduct. In this training, employers should impress upon their staff that each employee has a right to a harassment-free workplace as well as an interest and role in keeping the workplace safe by reporting misconduct they experience or observe being done to others. It is vital to inform employees, through trainings and written materials, how and to whom complaints should be reported, and that retaliation is prohibited.

Promptly investigate complaints:
Although anonymous complaints may be harder to investigate, providing a way to complain anonymously eases fears of reprisals. Employers can also learn about issues in the workplace by having a third-party conduct a climate assessment and provide recommendations and/or training to address the problems uncovered.

Communicate transparently with staff about investigations, without violating confidentiality:
Employers should communicate to staff the organization’s commitment to responding promptly and meaningfully to complaints. They should explain to staff what happens when they report bullying or other misconduct, how complaints are investigated, and the range of outcomes that could result from an investigation. For example, employers should tell staff that a “zero tolerance” policy does not mean every substantiated wrongdoing will result in the accused being terminated, and that the accused might instead receive coaching or training for less severe acts.

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As with other violations of rules and expectations, disciplinary action is proportional to the harm caused. Investigations should respond to allegations that are reported, and not simply check the proverbial box. This requires intake officers who receive complaints to pay attention to the problems that are reported and the issues that an investigation unearths. For example, if a complainant reports that her manager is talking down to her because the complainant is Latina, the intake officer and investigator should recognize the intersectional nature of the complaint and investigate potential racial and gender bias by the manager. Then, if it is determined that the manager is talking down to the complainant, but not because of her gender and/or ethnic origin, the complaint about the mistreatment should still be sustained, but not for the reasons complained of.

If employers dismiss or mishandle complaints in a perfunctory manner, employees will lose trust in investigations and be less likely to report misconduct, allowing bad behaviors to fester in the workplace. Employers should be transparent with staff about workplace investigations, without violating the confidentiality of the parties involved. Employers should explain what information the organization may be able to share with staff and what information must be kept confidential in these personnel matters.

Transparency and communication with staff about what behaviors are investigated, how many investigations the organization conducted in a year, what trainings were offered during the year, etc., can go a long way to showing staff that the organization is enforcing anti-harassment policies.

Without enforcement, a policy is just a suggestion. If employees believe the organization will address their concerns, they are more likely to report misconduct before things become worse. If complaining seems futile, employees might leave the organization instead and unaddressed misconduct will become a greater liability.

Toxic workplace behaviors become worse over time and cause expensive consequences, including poor morale, sick leave, loss of organizational reputation and costly litigation, when left unaddressed. Abusive conduct at work is emotionally draining for employees and can lead to decreased productivity and increased turnover. Both targets and witnesses of such behavior are impacted. An organization that develops a reputation for having an unhealthy work environment may scare off prospective applicants.

Thus, investigating bullying and other acts that might not violate the law but would violate the organizations policies, values or expectations are beneficial to employee safety and satisfaction and an organization’s prosperity.