It’s been all over the news, almost daily. Matt Lauer, Garrison Keillor, Russell Simmons, Al Franken. Men in powerful positions accused of inappropriate behavior – or worse – toward women. Are you prepared if someone walks through your door and utters these words: ‘Your morning man made inappropriate sexual comments and advances toward me.’ We turned to Broadcast Attorney Frank Montero for some advice on what you might do if this happens.
(By Francisco Montero) With the many revelations of sexual harassment allegations being reported, employers and managers must redouble their efforts to review the office culture they administer. And is also no secret that many of the public recent allegations largely center on two industries: politics and media. One likely reason is that these industries attract much public attention, with high-profile personalities. But it may also be a product of the traditionally male-dominated cultures in those worlds. Regardless, workplace harassment is an issue to which market and station managers must be sensitive. But it is also an area fraught with peril, so it is imperative that you take care, and plan and prepare accordingly. Then one day your morning man gets accused of “inappropriate behavior.” What should you do?
When a manager receives such a complaint, the manager should treat the complaining party with respect and assure the employee that what they have to say will be kept strictly confidential. The next step is to contact counsel to discuss the matter and to obtain guidance as to the requirements of the local and state jurisdiction. As soon as possible, involve outside legal counsel with experience in such matters to assist in navigating all the legal issues. Look to counsel for guidance on compliance with legal requirements for the response and possible avenues of reaching resolution. The next step is to investigate the complaint. But, again, be sure to do so in consultation with counsel to make sure you are taking appropriate steps. Counsel may point out that the employer has an obligation to thoroughly investigate the allegation. A big mistake comes when the manager unilaterally decides whether or not to believe or lend credence to the allegation. That is not the manager’s job. Also, during this period, preserve any and all documents and correspondence and emails pertaining to the complaint and the investigation. Do not deliberately destroy material.
Pending investigation of the matter, the manager may want to ascertain if it is appropriate to take any action during and after the investigation. Again, be sure to consult with counsel on any steps, but, depending on the circumstances, possible action might include paid or unpaid leave pending the outcome of the investigation; reassigning the parties — but avoid perceived demotions of the complainant; and meeting with departmental supervisors to reinforce that retaliation will not be allowed.
Finally, if you do not yet have an anti-harassment and anti-discrimination policy, now is the time to adopt one. Note that such a policy may be required by your state’s laws . Don’t draft the policy on your own. Samples can be obtained from experienced employment lawyers or HR consultants.
Going forward, make sure that employees and managers are aware of the policy and post it as necessary and recommended by counsel. Remember that even if it is only a rumor, employers and managers should investigate potential harassment. Also note that non-employees visiting the workplace can be harassed and vice versa. Those high-profile guests on the show cannot be allowed to engage in offensive or illegal behavior.
Station and market managers can reinforce and communicate their commitment to stop harassment by participating and presenting training sessions, creating safe and anonymous reporting channels, and holding HR and department heads accountable for enforcing policies and procedures.
It is essential that you communicate with counsel and maintain a solid policy to communicate to all your staff that yours will be a safe work environment.
Francisco Montero is a managing partner at law firm Flethcher, Heald & Hildreth PLC. He can be emailed at [email protected].
