You’ve got a policy against harassment in your updated handbook.

You’ve got the DFEH poster, which includes information about the illegality of sexual harassment, posted in a prominent and accessible location in your workplace.

You’ve distributed the DFEH information sheet about sexual harassment to all employees.

You’ve ensured your employees who have supervisory authority have attended two hours of sexual harassment training within the last two years (or within the first six months of hire or promotion) and have the documentation from the training securely filed away where you can find it.

You’ve investigated complaints of harassment.

You’ve done all that you’re legally required to do, so you should be safe, right? Wrong.

In most cases the employer will be held responsible for harassment that occurs on the premises or in connection with the employment relationship. The degree to which the employer will be held liable depends in part on the source of the unlawful conduct.

How can that be? Clearly, doing all that is legally required of you to do is not enough. You must constantly communicate that harassment is not tolerated at your workplace. You can do this by:

• Modeling appropriate behavior yourself;
• Constantly talking with your supervisors about their responsibilities in this area;
• Training all employees (not just your supervisors);
• Disciplining those who engage in inappropriate behavior;
• Distributing the information sheet against harassment on an annual basis to all employees;
• Ensuring that all complaints are taken seriously and are promptly and thoroughly investigated (this is where most employers get into trouble).

In other words, zero tolerance for harassment of any kind must become part of your organization’s culture. Your anti-harassment policy must be lived everyday by everyone in the organization. Otherwise, hanging the poster, distributing the literature, and making your supervisors attend the training may look like you’re just doing what you’re legally required to do. Doing those things does provide you with some protection, but not enough. Don’t be lulled into a false sense of security because you’ve complied with all of the requirements. Making the message loud and clear on a daily basis that harassment is not tolerated will help create what the law is intended to create – a harassment-free workplace, which is your best defense.