Dear Kathleen

Human Resource Insights from Kathleen Weiss

Q. Dear Kathleen:

We are an office cleaning company with about 30 employees who work primarily in the evenings and only with limited supervision. Recently, we’ve had some complaints from a few female employees that some male employees were "inappropriate" in their language and demeanor. The females shared their fears of losing their jobs due to reporting the behavior; although they are paid very little for the work they do, they do, of course, value their jobs.

What is the best way to make sure all our employees feel safe and respected? To add to the problem, many of our workers speak only Spanish. We certainly do not want a sexual harassment lawsuit on our hands!

Thanks,
Frances C.

A. Dear Frances:
Preventing harassment and discrimination in the workplace is an ongoing challenge for any company, especially smaller companies where familiarity leads to inappropriate jokes and behaviors. Sometimes this behavior is overlooked, but not always. It is your job to keep employees safe from discrimination, harassment and workplace hazards.

Employee Handbook – Do you have an employee handbook and was it recently updated? A current, thorough Handbook is your first line of defense because it communicates the standards expected from each employee. Your anti-harassment/anti-discrimination policy should be rock solid and prepared by either an employment attorney or HR consultant with experience in writing policies.

Communication – Once you have the proper policy, you need to communicate it LOUD AND CLEAR. This should be done during orientation, in staff meetings and from managers on a regular basis. Employees should know that there will be no retaliation and harassment/discrimination will not be tolerated. Communicating to the management staff that they could personally be liable for harassment claims is usually a BIG wakeup call.

Training – Because you are under 50 employees, you are not obligated to have anti-harassment training, however, I do suggest it. Getting this done through Web-based training, law firms and HR trainers are all options, depending on your need and budget. The cost of the training is minimal compared to the consequences.

Spanish Translation – This question is big one. Some employers have a significant percentage of Spanish-only speaking workers and are unable to communicate policies, benefits and safety issues through an Employee Handbook written in English. Spanish-speaking employees need to know the same information as your English-speaking employees. Here’s an example:

"Maria quits because she is harassed by Jose and files a sexual harassment lawsuit. You feel she should have reported it as stated in the employee handbook. Maria does not read English. How can you expect her to know what to do? Not only are you not protecting your employees from harassment because of a lack of information, but this lack of translation also may be considered discriminatory. Should your English-speaking workers be the only ones to understand they are protected from harassment and discrimination, be informed of what to do, know about the consequences of their behavior and be counseled in non-retaliation? Obviously, the answer is a big "no." It is your responsibility to convey this information to all employees.

Translating a handbook from English to Spanish is an expense, but pales in comparison to what you could potentially have to pay if you are slapped with a discrimination or harassment lawsuit. Chalk it up to the cost of doing business.

As a final note regarding your current situation, take action immediately. It is your responsibility to protect your workers, investigate, take action against offenders and communicate a "no tolerance" policy to all employees.

Frances – good luck!

"Dear Kathleen" is a monthly Human Resources advice column written by Kathleen Weiss, SPHR, Human Resources Manager for SWK Technologies, Inc.

SWK's HR Advisor services provide cost-effective human resources solutions to small businesses. If you want more information on how to change your current vacation and sick policy to a PTO policy, or have an outdated employee handbook that needs to be revised, please contact Kathleen Weiss, SPHR, at 973-758-6122, e-mail hrdept@swktech.com or visit www.swktech.com.

Our services include:

  • Employee Handbooks (English and Spanish)
  • HR Audits
  • HR Hotline
  • Performance Management and goal setting to increase productivity
  • Job Descriptions
  • Staffing
  • Employee Relations

Disclaimer: Information provided is not intended to be and should not be considered legal advice. As always, please consult your attorney regarding your company's legal matters.