Highlights
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A sexual harassment policy is only effective when an organization consistently puts it into practice.
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Meaningful training must give staff the knowledge they need to recognize concerns and respond appropriately.
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Maryland employers need to understand important differences between state and federal harassment laws.
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Consistent accountability and a workplace culture that encourages people to speak up are essential to prevention.
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A prompt, thorough and objective investigation helps organizations respond appropriately when complaints occur.
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Sexual harassment in the workplace isn’t a new issue, but organizations have good reason to give prevention and response renewed attention.
Glendora C. Hughes, Esq., General Counsel for the Maryland Commission on Civil Rights (MCCR), says harassment claims are surging. The HR Team, a Ravix Group company, is seeing that increased attention firsthand. Eileen Levitt notes that the firm is receiving more requests to assist with workplace harassment investigations, including requests from law firms.
For employers, this is an opportunity to take a fresh look at whether their approach to prevention and response is working as intended. The U.S. Equal Employment Opportunity Commission (EEOC) calls prevention the best tool for eliminating workplace harassment and recommends an effective reporting process, anti-harassment training, and immediate, appropriate action when concerns are raised.
A harassment policy can’t just be something organizations have. It has to be put into practice. That requires five essential elements: a clear policy, meaningful training, consistent accountability, a culture where people can speak up, and an effective investigation process. Here’s what each of those elements should accomplish.
1. Make the harassment policy clear, accessible and actionable.
A strong policy must clearly define prohibited conduct and establish a straightforward process for reporting concerns. It should identify multiple reporting channels so no one is forced to bring a complaint to the person involved, and it should explain what happens once a concern is raised.
Hughes stresses that simply placing this information in a lengthy employee handbook isn’t sufficient. Everyone in the organization needs to understand what the policy covers and the responsibilities it creates.
That principle also has legal significance. In two 1998 decisions, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, the U.S. Supreme Court established a framework under which an employer’s reasonable efforts to prevent and promptly correct supervisory harassment, along with whether workers use available preventive or corrective opportunities, can become important when determining liability in certain cases.
Key takeaway: A policy on paper isn’t enough. Organizations must make it usable and follow it consistently when concerns arise.
2. Make sexual harassment training meaningful.
Effective sexual harassment training goes beyond simply documenting that it occurred. It prepares people to recognize inappropriate conduct, understand their responsibilities, and respond appropriately when a concern arises.
Training should cover the law and the organization’s expectations, including prohibited conduct, reporting procedures, what happens after a concern is raised, and the potential consequences for violations.
Hughes emphasizes that quality matters more than format. Training can be virtual or in person, but it should be led by a knowledgeable professional who understands the subject and can explain it clearly. For Maryland workplaces, that expertise must include state law.
Maryland’s protections differ from federal law in important ways. Harassment provisions can apply to a business with as few as one employee, and conduct does not have to be “severe or pervasive” to meet the state’s statutory definition of harassment. Maryland also provides a two-year filing period for employment harassment complaints filed with the MCCR.
Key takeaway: These distinctions are why one-size-fits-all training can fall short. Maryland workplaces need training grounded in the laws that apply to them.
3. Apply workplace standards consistently.
An organization’s response to sexual harassment can lose credibility when it changes depending on who is accused or how valuable that person is perceived to be.
Hughes offered the example of a top sales producer whose importance to the business might make leaders reluctant to address inappropriate behavior. But an individual’s status, power, or productivity shouldn’t determine how a concern is handled.
Her advice to employers is straightforward: “Trust your process.” Once procedures are established, follow them consistently regardless of who is involved.
Accountability doesn’t mean every complaint will lead to the same outcome. It means concerns are evaluated fairly, decisions are based on the facts, and expectations are enforced across the organization.
Key takeaway: Consistent accountability builds trust in the process.
4. Create a culture that discourages harassment.
Workplace culture is shaped every day by what leaders model, what managers tolerate, and how quickly inappropriate behavior is addressed. When expectations are reinforced through everyday actions, employees receive a clear message about what is and isn’t acceptable.
Hughes encourages employers to consider whether their environment is truly conducive to a harassment-free workplace. Do supervisors recognize inappropriate behavior and know how to respond? Do employees feel comfortable raising concerns and believe they will be taken seriously? And do leaders demonstrate the same conduct they expect from everyone else?
That responsibility becomes especially important when someone speaks up. Those who receive or respond to concerns about possible sexual harassment must know when and how to report them through the appropriate channels. The information cannot simply be kept “just between us” with no further action taken.
The organization should already have a clear process for what happens next. If separation is necessary, Hughes also cautions against automatically moving the complainant in a way that could effectively penalize that person for coming forward.
Key takeaway: A harassment-free workplace depends on what an organization encourages, what it refuses to overlook, and how it responds when someone raises a concern.
5. Conduct a prompt, objective investigation.
When a sexual harassment concern is raised, a fair and comprehensive investigation is an essential part of the response. The organization should take the complaint seriously, follow established procedures, and gather the information needed to determine what happened and what corrective action may be appropriate.
The HR Team frequently works with law firms on these matters. When employment counsel is involved, an experienced outside HR professional can bring an independent perspective to the investigation while collaborating with the legal team as appropriate.
A strong investigation should be prompt, thorough, and impartial. That means listening to the people involved, evaluating the available information, and reaching conclusions based on facts rather than assumptions. Once the investigation is complete, employers must be prepared to respond appropriately based on the findings.
Key takeaway: A credible response doesn’t end when a concern is reported. It requires a fair, fact-based review followed by appropriate action.
Preventing sexual harassment in the workplace requires more than good intentions. It takes clear expectations, meaningful training, consistent accountability, an environment where people can speak up and a fair response when concerns arise.
The common thread is action. What an organization does every day matters just as much as what its handbook says. When leaders reinforce expectations, respond appropriately, and follow through, they create a stronger foundation for a respectful workplace.
FAQs
- What are some early signs that a workplace may have a sexual harassment problem?
Warning signs aren’t always formal complaints. Inappropriate jokes or comments, employees avoiding certain coworkers or supervisors, changes in behavior, or concerns raised informally can all warrant attention. Employers should be alert to patterns and address questionable conduct before it becomes more serious. - Can sexual harassment happen outside the physical workplace?
Sexual harassment isn’t limited to conduct that occurs inside an office. Workplace protections can extend to work-related settings such as conferences, parties, and other events. Remote work can also create additional questions when employees and employers are located in different states. - What should a supervisor do if an employee mentions sexual harassment but says they don’t want to file a complaint?
A supervisor should not promise to keep the information confidential or agree to take no action. As Hughes emphasizes, once a supervisor or another responsible person becomes aware of possible harassment, the concern must be reported through the appropriate channels. - When should an employer consider using an outside investigator?
An outside investigator may be helpful when a complaint involves senior leadership, presents particularly sensitive or complex issues, or when greater independence and objectivity would strengthen the process. Outside HR professionals may also work alongside employment counsel when appropriate. - Does sexual harassment have to be severe or pervasive under Maryland law?
Maryland law does not require harassment or sexual harassment to be “severe or pervasive” to meet the state’s statutory definition. That’s an important distinction from the traditional federal standard and one reason Maryland-specific guidance and training matter. - Can a small Maryland business be subject to the state’s sexual harassment law?
Although Maryland’s general employment-discrimination provisions ordinarily apply to employers with 15 or more employees, the state’s harassment provisions can apply to an employer with as few as one employee.
Put the right HR support in place. From policy review and training to workplace investigations and collaboration with employment counsel, The HR Team, a Ravix Group company, can help you strengthen prevention and respond appropriately when concerns arise. Contact us to learn more.
About The HR Team, a Ravix Group company: Founded in 1996, The HR Team is a Maryland-based human resources outsourcing firm committed to developing strategic, customized solutions that respond to the unique needs and cultures of organizations of all types and sizes. Available as a one-source alternative to an in-house HR department or on an à la carte project basis, the company’s flexible service models address the full spectrum of HR needs that many organizations struggle to address. The HR Team helps clients achieve their highest level of success by providing value-driven human resources services that leave them time to focus on what they do best: directing business growth and profitability. Headquartered in Columbia, Maryland, the firm serves all of Maryland, Washington, DC, and Virginia. To learn more about The HR Team, call 410.381.9700 or visit https://www.thehrteam.com/.
