Creating a Policy Against Harassment, Discrimination & Retaliation

Key points to include

There’s a lot to cover in a policy against harassment, discrimination, and retaliation. No matter what, you’ll want to have some rendition of the following sections:

• Policy objective
• Definitions of harassment, sexual harassment, and discrimination (including reference to your EEO policy)
• When and to whom the policy applies (e.g. all work settings, all employees and business contacts)
• How to report policy violations
• Complaint resolution procedures
• Retaliation prohibited

The U.S. Equal Employment Opportunity Commission (EEOC) has also developed some handy resources.

Digging a bit deeper into the topics above, you might consider including the following:

• Reiteration of all protected groups
  • Note that, depending upon geography, protected groups may vary. The National Conference of State Legislatures developed a chart of protected groups by state and territory.
• Examples of conduct that is prohibited — especially the less egregious instances, like social media conduct
• Not only how to report, but that employees are encouraged to report (even on behalf of others)
• Additional federal or local agencies to contact with complaints

Be sure to write the entire policy in a way that empowers employees to file complaints. There shouldn’t even be a hint of inconvenience implied anywhere in the reporting / investigation procedures.

Why it matters

This is a pretty obvious one. Your policy against harassment, discrimination, and retaliation matters because very few people want to work in an environment where unethical or immoral content is tolerated. More importantly, company culture drives employee engagement, increases productivity, and enhances your brand. When employees feel safe and included, everyone benefits.

We always encourage companies to start each handbook policy with the reason behind it (the why) so employees buy into and abide by its terms. This policy won’t take much convincing, but you can use it as an opportunity to demonstrate your company’s passion for workplace equity. START with a why that makes you stand out among other companies — a why that demonstrates the policy isn’t merely a legal obligation, but instead something you fervently support.

For example, you could start your anti-harassment, discrimination, and retaliation policy this way:

We promote a workplace culture of dignity and respect for all employees. Everyone has the right to work in a professional atmosphere that promotes equity and prohibits harassment and discrimination. Therefore, we expect all workplace interactions to be free of bias, prejudice, and harassment.

What’s trending

The pandemic caused much of the workforce to pause and reflect on what’s truly important. A recent Gartner poll highlighted many pandemic-driven changes in employee perspective, including the following:

• 50% have changed their expectations toward their employer
• 56% want to contribute more to society
• 65% have rethought the place that work should have in their lives

As more people seek purpose and meaning in their lives, the less tolerant they become of anything that detracts from this. That said, if the work environment is hostile, it’s easy to leave — especially in the throes of the Great Resignation where employees are steering the ship.

Additional notes

Link to relevant handbook policies, such as:

• Equal Employment Opportunity Policy
• Conflict Resolution Policy
• Code of Conduct

While you’re perfecting your handbook, check out some other Blissbook content focused on policy creation:

• How to Write Policies & Procedures
• How to Write a Culture-First Employee Handbook