USIndoor's Official Magazine is a quarterly publication, dedicated to owners, managers, program administrators and other professionals, startups and providers involved with indoor recreational sports facilities.
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WINTER2020 17 return for positive treatment and simply being asked out on a date. "Does that create a hostile environment, or is that just part of society? If it happens once, the court is going to say that's just part of living in society. When the individual has been rejected and continues to pursue or create a hostile environment, then Title VII applies." Harassment can cause bigger problems if complaints are ignored. "You suddenly have a workforce that isn't very happy and doesn't want to be there," says John. Employee performance will suffer, and they may leave for new jobs. Legally, ignoring harassment complaints can lead to lawsuits. "We're looking at lost wages, medical and psychiatric bills, and any damages the individual incurred," says John. "And bad publicity comes with that." What can you do? 1. Set a policy with clear guidelines. Define what harassment is, how complaints can be made, how they will be handled, and what the punishments are. You should include anything you think might be automatically fireable, such as certain words or phrases. "The more you do, the better," says John, whether it's part of your employee handbook or you hold a workshop for new employees. Make sure it's clear who receives complaints, such as a human resources manager or owner. 2. Investigate promptly. "Talk to everyone involved," says John, "and make sure the person who's complaining feels that it's being done in legitimate way." He says it will need to be done quietly, so as to avoid rumor and gossip. 3. Remember that both parties have rights. Just because a complaint is made doesn't mean that it's true, which is why the investigation is necessary. You have to protect the victim, whether it's the victim of harassment or of a false complaint. 4. Be wary of consensual relationships between employees and superiors. Even a consensual relationship can lead to a quid pro quo harassment complaint. "Because of the power dynamics, the courts will generally conclude that employees cannot consent to a relationship with a superior." says John. 5. Documentation, documentation, documentation! Whether it's just part of the handbook or it's a separate training session, make sure it's documented that your employees have read the policy or taken the training course. Have your policy reviewed by a lawyer regularly to make sure it's up to date and effective. Updates should be reviewed with and signed by employees.