The #metoo phenomenon is a cultural tidal wave and it's only a matter of time before the ripple effects are felt in the everyday workplace outside of Hollywood and Capitol Hill. Employers that don't want to become the next headline should take immediate action to conduct an audit of their culture, polices and compliance levels surrounding sexual harassment. Are you cultivating a culture of compliance or are you on the brink of a PR and legal disaster?

Cultivating a culture of compliance begins at the top. Even high quality training conducted in a workplace that turns a blind eye to misbehavior is essentially useless. Employers must couple effective, ongoing training with strong leadership and accountability to create an environment where all employees feel safe and respected.

Not only do employers need to ensure they maintain clear and strong policies prohibiting harassment, but they must enforce and reinforce those policies. Employees who believe the company's no harassment policy may have been violated must feel that they can trust Human Resources or Legal with their story. If employees don't, you are potentially pushing employees into the offices of plaintiff's attorneys or fostering an environment where easily remedied concerns turn into a much bigger problem.

An effective complaint procedure is one that works to stop misconduct. In most companies, stopping harassment requires the intervention of high-level managers, senior HR leaders or legal. Thus, the complaint procedure should direct complaints to those very levels. While an employee can be encouraged to inform his or her supervisor, an employee should be required to report perceived or actual policy violations to high levels within the company.

Ongoing and effective harassment training should include “See Something, Say Something.” Managers often assume that if no one complains, no action is required when nothing could be further from the truth. If a manager sees or hears conduct—or even rumors of conduct—that might violate the company's no harassment policy, the manager needs to know what to do. Of course, “what to do” often depends on the level of the manager who has learned of a potential problem and/or the size and complexity of the organization, so training managers on “what's next” is critical. In some organizations, the manager may be responsible for investigating and solving the matter personally, while in others, the manager may just be required to report the matter to HR or Legal. Regardless, all levels of employees need to understand that they are being asked to lookout for themselves as well as to lookout for others. Managers in particular need to be trained to talk to employees from time to time about the company's no harassment policy as part of general informational meetings and to keep a watchful eye and ear on the behavior of all employees at all times.

The law, the Equal Employment Opportunity Commission, and even the dictionary can provide a definition of harassment. However, interpreting the definition and applying it in the workplace can be difficult. Just when does conduct go from rude, annoying or unpleasant to offensive and ultimately unlawful? Answering that question can be challenging in some circumstances even for well-trained, experienced employment lawyers since ultimately, taken to the extreme, each set of facts must be evaluated by a jury before a verdict is rendered. Of course, some circumstances are so obvious that even a kindergartner would say “That's harassment!” Given the inherent difficulty in making the determination, employers are best served by creating a culture of respect and professionalism. Creating such a culture also requires training.

Managers are most likely to be accused of harassment. Thus, managers need tools to help them avoid harassment, understand they may be accused, and trained to avoid retaliating against an accuser. Quality training helps to set the tone for middle management so that they can then set the tone for the employees they supervise.

Further, be sure senior leadership, HR and Legal all understand how to respond if non-compliant conduct is observed or if a complaint is made. This step also requires specialized training that contains different and more detailed instruction than manager training.

Next Steps

As corporate counsel, you should take these steps to minimize potential harassment. Review and update your polices to be sure (1) all forms of unlawful harassment and discrimination are covered, (2) the policy contains a clear, easy to follow and effective reporting mechanism with multiple levels of reporting options, and (3) the policy explains and prohibits retaliation.

Next: train, train and train. While training alone will not prevent all workplace harassment, training must be done. Training sets the tone regarding company culture and demonstrates the company's commitment to a harassment-free workplace.

Lastly, and most importantly, when the no harassment policy may have been violated or when an employee makes a complaint, investigate and resolve the matter with appropriate corrective action. Showing employees that the company reacts promptly and appropriately reinforces the culture of compliance and professionalism.

Jennifer Sandberg is an attorney with Fisher Phillips, a national labor and employment law firm that represents employers. She can be reached at [email protected].