Fall 2018 Hardlines Strategies

Everyone should sign a copy of the policy, saying they understand it and agree to abide by it, and those signed copies should be placed in each employee’s file.

Once a policy is in place, related training should be done every couple of years, Huston says. This is a good time to review the policy and see if any changes need to be made. Companies like Huston’s can provide a number of services, such as helping draft the policy, serving as a third party to turn to for reporting purposes, or answering any questions. This service might be helpful for a company that doesn’t have a dedicated human resources staff, or those with a smaller number of employees. medium-sized company and haven’t received any complaints, “it’s probably unlikely that you have an amazing work culture,” says Huston. “It’s more likely that employees don’t know who to report to or are afraid they’ll be retaliated against,” he says. That makes it even more important to have a policy in place—so employees know what to do if a situation arises. As far as punishment, “we always say the punishment should fit the crime,” Huston says. “Only the most egregious actions should result in immediate termination,” he says. “It’s a good idea to use some sort of progressive discipline that matches the actions the employee took.” Anyone who would like to learn more from Huston or learn about his company’s services can contact him by phone at 913-284-6837 or by email at info@hrsolutionskc.com. Taking Action Against Harassment Unfortunately, if you have a

What Can You Do? As a business owner, you want to make sure you create an environment that’s welcoming to all, employees and customers alike. If you haven’t already, it’s a good idea to put a policy in place to try to prevent potential harassment situations from occurring, or to have a way to resolve any situations that may occur. “If you don’t have a policy in place, you’re fighting an uphill battle,” Huston says. He says the first step in creating a policy is making sure employees know who they need to speak with if an incident occurs. Once you’ve finalized the reporting structure and other points of the policy, draft it up and make sure all of your employees understand it and agree to abide by it. You can hold a meeting with the whole team so everyone can learn about it at once. This offers a chance for your entire staff to come together and review the policy, as well as ask any questions. Everyone should sign a copy of the policy, saying they understand it and agree to abide by it, and those signed copies should be placed in each employee’s file. It’s also a good idea to add this policy to your new hire paperwork so all new employees can review and sign the policy when they begin work at your company.

Protected classes include race, sex, color, age, national origin or religion, among other factors. “It can occur from anyone inside or outside an organization,” Huston says. “Sexual harassment is what gets all the attention right now, but it can be anything based on a protected class,” he says. Anyone can commit or be the target of harassment, he says. “It can be a receptionist harassing a senior-level executive, and it doesn’t even have to be a co-worker. “Clients and customers can harass members of your staff,” he says. “There are many ways it could happen.” There are many types of behavior that might be inappropriate at work, but retailers should focus on the types of harassment that are illegal, which are the ones based on protected classes, Huston says. The two different types are a hostile work environment and tangible employment action. “Hostile work environments can occur with one really bad, or severe, action, or when lots of smaller actions occur frequently,” Huston says. Tangible employment action is a type of harassment that applies specifically to the supervisor-employee relationship. This is when the supervisor uses their position in the organization inappropriately. “The harassment would be done with conditions given to the employee,” Huston says. “For example, the employer might promise the employee a raise or a promotion if they submit to the employer’s harassing comments or actions. And the employer might tell them they could lose their job if they reject those advances.” What Counts As Harassment?

Brian Huston is a licensed attorney who specializes in employment law. He helps counsel clients on litigation avoidance, ADA, FMLA and other federal and state employment laws, and helps

Working With an Outside Company

If you don’t have a human resources department, it’s a good idea to find a third-party company with human resources experience to assist in drafting the policy.

guide employers through disputes involving allegations of discrimination, harassment and other related employment law disputes.

Hardlines Strategies • Fall 2018 35