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How To Maintain A Harassment-Free Workplace During Organizational Change

Business needs often change, and when they do, you may need to make changes within the organization. When this happens, employees may feel frustrated, worried, or confused by the changes and react in unexpected and inappropriate ways. One way employees may react is by harassing other employees, particularly ones they see as responsible for the changes or ones they perceive as taking something away from them, such as another employee who is promoted to a role they expected to get. When your business undergoes organizational change, as well as in general, you have a responsibility to maintain a harassment free workplace for your employees. Whether you need assistance with creating an anti-harassment policy or determining appropriate consequences for violations of an existing policy, the New York employer defense attorneys at Schwab & Gasparini may be able to assist you. Call our Syracuse office at (315) 422-1333, our Albany office at (518) 591-4664, or our White Plains or Hudson Valley offices at (914) 304-4353 to book your complimentary consultation and discuss your business’s anti-harassment needs. 

What Is Organizational Change?

Organizational change is a broad term for the processes and strategies a business uses to modify the structure, operations, culture, or methods to adapt to internal or external changes. Organizational changes can occur due to market shifts, economic downturns, new regulations, or competition. They can also allow the business to seize new opportunities, innovate, gain a competitive edge, or improve efficiency. 

Examples of ways organizational change may occur include: 

 

• Structural: Altering reporting lines, changing management levels, merging or dividing departments

• Technological: Implementing new systems, software, or hardware

• Cultural: Shifting the company’s values, behaviors, or beliefs

• Strategic: Modifying the overall direction or goals of the company

• Process: Improving internal procedures or streamlining workflows

Regardless of the reasons for the change or the type of change occurring, employers need to maintain a harassment free workplace. This can include establishing anti-harassment policies, providing training, and investigating complaints. 

Establish Clear Anti-Harassment Policies

The first step to establishing or maintaining a harassment free workplace is establishing clear anti-harassment policies. These policies must define harassment, make clear that the employer does not tolerate harassment, and have consequences for violating the guidelines. 

Define Harassment and Make the Definition Readily Available

Harassment and discrimination involve unwelcome conduct based on protected characteristics, which creates a hostile environment or unequal treatment. Harassment can be sexual, discriminatory (such as harassment about age, race, religion, national origin, etc.), or personal (otherwise known as bullying). Harassment can be verbal, written, physical, or psychological, such as manipulation, intimidation, or other non-apparent methods. There are also online harassment, third-party harassment (using one person to harass another), power harassment (abusing authority to harass someone), and retaliation. Understanding and identifying these types of harassment is an essential first step to a harassment free workplace. 

Provide employees with clear definitions of the different types of harassment, including examples. Make these definitions easily accessible to employees. We recommend providing the definitions, along with other harassment free workplace policies and information, in employee handbooks. We also suggest ensuring that Human Resources has copies available, and making copies available where employees work, such as in their manager’s office, as an online document that every employee can access, or in a binder along with other important policies and procedures information. 

Communicate a Zero-Tolerance Policy for Harassment

Once an employer has clearly defined harassment, the next step is to communicate a zero-tolerance policy for harassment. A zero-tolerance policy is crucial because the Equal Employment Opportunity Commission (EEOC) specifically indicates that certain types of harassment are illegal and unacceptable. If an employer does not maintain a harassment free workplace and have a zero-tolerance policy toward harassment, a harassed employee could file a complaint with the EEOC. Alternatively, they can file a complaint with the New York State Division of Human Rights. Additionally, New York State requires employers to establish a sexual harassment prevention policy and provide annual training to employees. 

This is also important because if one employee can get away with one form of harassment, other employees can use that to claim unfair treatment or even wrongful termination. These claims can result in lawsuits that are expensive to litigate and, if the employer loses, may cost them significantly in judgments or settlements. 

Establish Consequences for Violations

Once harassment is defined and a zero-tolerance policy is in place, the next step to a harassment free workplace is establishing consequences for violations of the policy. Even when a policy is already in place with consequences, organizational change is an excellent time to review those consequences and ensure they are still appropriate. Consequences should be clearly defined and consistently applied across all employees. 

Consequences may range from a simple verbal or written warning to paid or unpaid suspensions, all the way up to and including termination of employment. Employers will want to consider a multi-pronged approach, with consequences based on both the severity of the offense and the number of previous offenses. For example, a sexual comment may warrant a written warning for a first offense, but be a fireable offense if it is the sixth time. If an employee inappropriately touches another employee, that may be a fireable offense even if the offending employee has no prior offenses. 

Regularly Review and Update Policies

Once these policies are in place, they should be regularly reviewed and updated. Organizational change provides an ideal opportunity for reviewing and updating these policies, as employees are adapting to other changes at the same time. Employers should ensure that they provide new copies of any updated policies, and that all changes and updates are highlighted to ensure employees note all of them. Employers may also want to require employee signatures indicating receipt of the policy updates and changes. 

Provide Comprehensive Training

Organizational change is often a time that requires training, even for longtime employees. As roles are shifted, new equipment or procedures introduced, and other changes implemented, employees must be trained for them. As a result, this is also a great time to provide comprehensive training to assist in maintaining a harassment free workplace. There are several steps to ensuring thorough training, including making it mandatory and tailoring it to employees. 

Make Training Mandatory

A key component to maintaining a harassment free workplace during organizational change is mandatory training on what harassment is and the company’s policies. Because most employees will undergo some training as part of the change, anti-harassment training can easily be part of the overall training. 

Even those employees who will not be doing any new training because they will be relatively unaffected by the change can do anti-harassment training. As part of the organizational change, employers should also make training mandatory at the time of hire. Other times to consider making anti-harassment training mandatory include when an employee is promoted or transferred to a new department and as part of disciplinary action for violating the policy. 

Tailor Training to Employee Groups and Roles

Employers should consider the specifics of the groups and roles their employees are in. For example, if a number of employees are part of an underrepresented group, ensuring that they receive training tailored to their demographic will not only make it more interesting but also make them feel more included and safer. Managers and supervisors should have training that provides information on their role, such as being alert to signs of harassment or how to conduct investigations. For employees with public-facing roles, high-pressure roles, or other roles that may frequently encounter unpleasant or uncomfortable situations, training that addresses how to handle complex interactions and navigate potential harassment scenarios may be necessary. 

Make Training Interactive

Reading a policy or listening to a lecture about it can be tedious and difficult for people to pay attention to, particularly if they are tired or stressed. Baylor University research indicates interactive training increases attention rates, interest in the subject matter, and satisfaction. Interactive training also results in higher retention rates, and better analysis and evaluation. Furthermore, it improves learning for typically at-risk students such as minorities and first-generation college students, which may bode well for minority workers and those without higher education. 

Interactive training methods may include:

 

• Writing Exercises: Allow employees to list items from a previous lecture, restate a central concept in their own words, or use the new knowledge in an example.

• Think-Pair-Share: After presenting a problem or question to the employees, have them write down their answers or solutions. Then, employees are paired up and explain their answers to each other for respectful critique and questioning. Finally, employees share what they gleaned (from their answers and the pairing) from the training. 

• Discussion or Debate: Respectful discussions or debates about having a harassment free workplace can be an excellent way to engage employees. Both allow for the free sharing of ideas and different perspectives, encouraging employees to use the information provided in the training to disagree and dispute the claims made by others. 

• Role-Playing: Have employees break into pairs or small groups and role-play different scenarios. This can include not only role-playing a harassment scenario and how to handle it but also scenarios such as investigating harassment and taking action against a violator. 

• Case Studies: Use real-life situations of harassment to illustrate various types of harassment and demonstrate the application of policies and procedures. Include scenarios that were properly handled and those that were not so employees can compare and contrast the two. 

Provide Managerial Training

Managers and supervisors can be subject to, and capable of, harassment in the workplace, but they are also employees expected to uphold the policies and procedures for maintaining a harassment free workplace. During organizational change, businesses should hold managerial training that emphasizes their responsibility to prevent and address harassment. This should include training on how to intervene in harassment situations, conduct investigations, and ensure a respectful work environment. 

Provide Refresher Courses Regularly

While organizational change and new hire orientations both provide excellent opportunities to provide initial or refresher training on anti-harassment policies, companies should provide regular refresher courses to ensure employees remain updated on company policies and are aware of any changes made to the policies. Annual training is a good option, and can be done at the same time each year company-wide or on a departmental or employee basis on a rotating schedule. 

Encourage Open Communication

Maintaining a harassment free workplace during organizational change begins with ensuring clear policies and thorough employee training and ensures employees feel comfortable following through with what they have been trained to do. This can be ensured with an open door policy, getting feedback from employees, and being transparent.

Have an Open Door Policy

While companies do not need to keep office doors open, ensuring that employees know they can go to their supervisors, managers, or any other higher-level employee to file a harassment complaint is key to maintaining a harassment free workplace. During organizational change, consider training both existing management and executives and those newly promoted to those roles in how to encourage an open door policy. This should include training on how these employees can make themselves approachable, tips on actively listening to employee complaints, and how to respond promptly by acknowledging concerns and explaining or engaging in the following steps. 

Solicit Employee Feedback

Employees are often more willing to comply with policies when they have a chance to submit their ideas or offer feedback. Organizational change is when many things are shifting, so it is also a good time to solicit employee feedback. Ask questions encouraging them to indicate what is working and what is not working with the existing policy, what changes they think should be made, their thoughts on the complaint process, and opinions regarding how investigations and discipline are handled. 

Ensure Transparency

Harassment victims must be protected, but it is still vital for companies to be transparent if they want to maintain a harassment free workplace during and after organizational change. Companies can ensure transparency by reporting to employees after a complaint has been resolved with details such as what the complaint was and what disciplinary action was taken if the accused employee was found to have engaged in harassment. If an employee is charged with harassment, found to have done what they are accused of, and disciplined but not terminated, the company may want to speak with an employer defense attorney at Schwab & Gasparini before identifying the offending employee to others. While victims need to be protected and should feel safe coming forward, identifying offenders may have unexpected consequences that should be explored before they happen. 

Develop Internal Reporting Mechanisms

Employees can file complaints with external organizations when they face harassment at work, which creates significant problems for the employer. Most employers wish to avoid these problems and can do so by developing internal reporting mechanisms. This includes having specific individuals to handle harassment complaints and creating a transparent, thorough investigation process that ensures consistency in every harassment investigation. 

Designate Specific Contacts to Handle Complaints

Specific employees should be designated as contacts to handle harassment complaints if a business wants to maintain a harassment free workplace during organizational change. With so much changing, employees need to be able to identify precisely who they can go to if they are harassed. At the same time, employers should also clarify that any complaint will be investigated, even if it is not made to one of the designated contacts. This will allow employees to know who they can go to while also allowing them to speak to a different employee if they are more comfortable. 

Additionally, employers may want to consider implementing a method of reporting complaints anonymously. Even if the victim may be identified through the investigation process (such as in a small business or if the alleged harasser can identify the victim through what the complaint says), providing an anonymous method of reporting can give victims a sense of safety that makes them feel more comfortable reporting the harassment. 

Outline a Clear, Thorough Investigation Process

Consistency is key to investigating and resolving harassment complaints. If two investigations are done into similar complaints, and the outcomes are different, an employee found guilty of harassment may be able to argue that their investigation was not done fairly. Therefore, businesses should outline a clear, thorough investigation process that ensures each investigation includes the same steps, followed in the same order, for every investigation regardless of who is investigating. This will also help victims feel validated and heard even when the outcome of the investigation is not in their favor. 

Maintain Confidentiality 

Protecting victims is critical to effectively maintaining a harassment free workplace during and after organizational change. However, those accused of harassment (particularly those found not to have done what they are accused of) may also have protection rights. Therefore, while transparency is essential to some degree, businesses must maintain confidentiality as much as possible.

Businesses may want to consider keeping complaints that are found to be unfounded or misunderstandings confidential while reporting results only on complaints that are founded. They may want to keep employee identities confidential and only identify an employee terminated for harassment. Businesses should consider speaking with an attorney to explore options for maintaining confidentiality while also ensuring that other victims are identified and protected, and maintaining confidentiality while being transparent with other employees to show that the anti-harassment policy and complaint process is effective. 

Take Prompt and Thorough Action Against Violations

Once a complaint has been filed, it is essential to take prompt and thorough action against policy violations. This shows that the employer is serious about their zero-tolerance policy and maintaining a harassment free workplace during organizational change. This also can provide a paper trail if the situation escalates and New York state or the EEOC is involved. 

Investigate Promptly

A prompt investigation is essential to maintaining a harassment free workplace during and after organizational change. Regardless of how the complaint is filed, employers should begin their investigation within 24 to 48 hours of receiving it. While investigations must be thorough, employers should also try to complete them as quickly as possible to provide victims with results and closure and prevent alleged harassers from feeling as though the investigation is hanging over them, potentially causing harm to their reputation and any authority they may have over other employees, particularly in cases where the alleged harasser is found to be innocent. 

Give Appropriate Sanctions to Perpetrators

When an alleged harasser is found to have engaged in the actions they are accused of, employers must appropriately discipline them. Employers should consider informing victims of the outcome of the investigation and what sanctions have been levied against the perpetrator. This will relieve the victim, knowing what has happened and seeing that their complaint was taken seriously. 

While it does not happen often, employers may also want to consider taking appropriate disciplinary action against alleged victims who frequently file unfounded complaints. However, the employer may wish to consult with an attorney first. To take such actions, employers will need to be able to identify those individuals who may be more sensitive or misunderstand others, and those individuals who intentionally file unfounded complaints as a way of hurting other employees to ensure they are not disciplining an employee who merely sees things differently than others. 

Follow-up on Complaints

Once a complaint has been investigated and resolved, whether the alleged harasser is found innocent or guilty, the employer should follow up to ensure that the harassment has stopped or is being prevented. The employer should speak with the victim to confirm that they no longer feel harassed, and to verify that no retaliatory actions were taken for filing the complaint. If the alleged harasser is not terminated, the employer should also speak with them to verify that they are more aware of their behavior and that they have completed any steps required as part of any disciplinary action taken, such as retraining. 

How an Employer Defense Attorney Can Assist You

Organizational change is often a time of upheaval and the changes that come with it can lead to harassment, whether intentionally or not. An employer defense attorney can assist you with maintaining a harassment free workplace by helping you create an anti-harassment policy, reviewing and discussing appropriate disciplinary actions for violations of company policy, assisting with terminations resulting from harassment, and litigating any lawsuits that may arise due to harassment in the workplace. If you would like to discuss your anti-harassment policy or other matters with an experienced New York employer defense attorney at Schwab & Gasparini, call our Syracuse office at (315) 422-1333, our Albany office at (518) 591-4664, or our White Plains or Hudson Valley offices at (914) 304-4353 and we will schedule a consultation to answer your questions.

Mon May 26 2025, 12:00am