Textual Harassment in the Workplace: Best Practices for Small Business Owners – Part II

Textual harassment, encompassing electronic forms of abuse and bullying, poses significant risks to employee well-being and business integrity. In the first part of this blog post, we explored the nature of textual harassment, and its potential consequences. In part two of this blog post we will explore actionable best practices for small business owners to mitigate textual harassment.

Best Practices for Prevention and Response

The best defense to textual harassment or any negative behavior in the workplace is prevention. Although small business owners may not be thinking about textual harassment right now, you should be proactive and not wait until your first claim. CPR urges small business owners to implement the following best practices to effectively prevent and address textual harassment in the workplace before it becomes an issue.

Poorly handled complaints and investigations can make or break employee trust and loyalty and be expensive to litigate.

1. Act on All Bad Behavior: It is easy to allow key stakeholders or top performers to dictate whether you address textual harassment or bad behavior. Do not tolerate harassment or misconduct and hold all employees, regardless of their position and tenure, accountable for their conduct. Negative consequences can ensue for you personally and your business in the long run if you avoid properly holding people accountable for their behavior.

2. Establish Clear Policies: Develop comprehensive anti-harassment, fraternization, and technology policies outlining, most importantly, that unwelcome textual harassment will not be tolerated. Alignment with federal laws such as Title VII of the Civil Rights Act of 1964 and similar state and local laws is key.

   The policy should explain what constitutes textual harassment or any negative behavior, how employees should report incidents as a witness or target, and that disciplinary action will be taken against offenders up to and including termination. Ensure that all employees are aware of these policies and that you keep a record of their acknowledgement of the policy in their employment file.

3. Promote a Culture of Respect: Foster a culture of respect and inclusivity where all employees feel valued and respected. Encourage open communication and provide avenues for employees to voice their concerns.  This type of environment encourages employees to raise concerns and remain confident that their concerns will be addressed.

   Of those who encountered sexual harassment in the workplace, the EEOC estimates that only about 6-13% of sexual harassment victims file a complaint. There are various reasons why employees opt not report including:

   • Retaliation.

   • Fear of career suicide.

   • Damage to reputation.

   • The claim not being taken seriously.

   • Lack of trust in the way the claim will be handled.

4. Provide Training and Education: Offer regular training sessions on workplace harassment to educate employees on appropriate conduct and the consequences of engaging in harassing behavior. CPR recommends that employees receive training on appropriate workplace behavior upon hire and at least annually thereafter. Education about how and where bad conduct can occur to include during videoconference meetings and after-hours meetings and events.

5. Implement Technology Controls: Implement technology controls such as content filtering and monitoring software to prevent unauthorized access to sensitive information. This practice mitigates the risk of textual harassment occurring through company-owned devices or networks. Determine whether access to certain sites such as social media and sexually explicit sites should be blocked by a firewall. Your technology policy, as discussed in our blog post regarding employee handbooks, should expressly state that no employee should expect privacy and you may monitor their usage on company-owned devices.

6. Respond Promptly and Proactively: Empower and train employees to recognize and report instances of textual harassment promptly. Once reported:

   • Take all complaints of textual harassment seriously,

   • Take swift action to investigate and address complaint, and

   • Conduct thorough investigations into each reported incident.

   • Do not retaliate against the target, the person who reported the complaint, or any witnesses who provide statements.

   Employing the assistance of an unbiased external party such as CPR or an employment attorney is best. Poorly handled complaints and investigations can make or break employee trust and loyalty and be expensive to litigate. Respond promptly to address the issue, protect the victim from further harm, and take appropriate disciplinary action against the perpetrator.

Conclusion

Textual harassment poses a significant threat to employee well-being and business reputation. By understanding what textual harassment entails, recognizing the risks involved, and implementing best practices for prevention and response, small business owners can create a safe and respectful workplace environment for all employees. CPR encourages you to prioritize the prevention of textual harassment within your organization and take proactive steps to address any instances of misconduct swiftly and effectively.

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