How to Prevent Sexual Harassment in the Workplace

Start With Your Company’s Sexual Harassment Policy

Policy Scope and Definitions

Sexual assault prevention starts with clear rules employees can follow and supervisors can enforce. Written sexual harassment policies help employers set clear conduct rules and define how harassment reports flow through the company. Policies should apply to in-person conduct and work-related communications, because employers can face Title VII liability when harassment happens through chat tools, direct messages, email, and video meetings, even when the conduct does not occur at the physical worksite.

Employers should list examples of prohibited conduct in the policy to remove doubt about what violates company rules. For example:

• Sexual jokes or sexual comments directed at a coworker.

• Repeated requests for dates after a no.

• Unwanted touching or blocking a coworker’s path to force contact.

• Sexual images, pornographic content, or explicit links shared through work systems, including chat tools and email.

• Hostile conduct tied to pregnancy, lactation needs, or pregnancy-related medical restrictions.

• Slurs or hostile conduct tied to sexual orientation or gender identity, including intentional misgendering used to harass.

Reporting Options Written Into the Policy

Reporting Channels Beyond the Supervisor

Policies that provide multiple avenues for employees to report sexual harassment give employees a reporting route that does not require the direct supervisor when the supervisor participates in the conduct or refuses to relay the report to HR.

Named Contacts With Direct Phone and Email

Employers should name the primary recipient for sexual harassment reports and identify an alternate recipient employees can use when the primary person is unavailable or involved. Employers should also list a direct phone number and email address for each recipient, so employees can report without asking a manager where to go.

Anonymous Reporting Options

Anonymous and online reporting options let employees report harassment without putting their name on the report right away, which enables reporting even when employees expect retaliation or workplace blowback.

Be Clear About Confidentiality Limits

Employers should explain confidentiality limits in plain terms by stating that the company shares information only with people who need it to evaluate the report and take action, since investigations require witness interviews and review of relevant messages or documents.

Supervisor Responsibilities After a Report

Employees who experience sexual harassment generally tell a supervisor before they contact HR, and supervisors who take action quickly and treat every report seriously send a clear message that the employer enforces the rules. Written policy should require supervisors to send every report to HR or the designated contact the same day, even when the employee asks for privacy. Employees usually ask for privacy because they fear retaliation or workplace gossip, and supervisors can respect that concern by limiting who they tell.

Policies should direct supervisors to:

1. Forward any sexual harassment report, whether oral or written, to HR or the designated contact person the same day.

2. Save the messages connected to what the employee reported, including Slack or Teams chats, texts used for work, emails, chats, and any screenshots the employee shares.

3. Avoid questioning witnesses about what happened and do not confront the accused employee, since those conversations can influence witness accounts and escalate the situation before HR begins interviews.

Real Scenario-Based Staff Training

Sexual harassment policies can set the rules, but training needs to make those rules usable by walking through specific workplace scenarios and reinforcing how employees can report concerns and what steps the employer takes after a report comes in.

Sexual harassment training should use the same prohibited-conduct examples already listed in the policy, so employees can spot violations and supervisors can address them before the conduct escalates. It should also walk through the reporting options written into the policy, so employees know who to contact and supervisors know where reports go after they receive them. Employers need a training section that covers harassment that happens through workplace email and chat tools used during video meetings. Use examples drawn from the same systems employees use at work, so people can spot problems in writing and know the company applies the same rules online and face to face.

A few workplace scenarios your training should cover:

• A supervisor learns an employee keeps asking a coworker out after the coworker clearly said no, and the employee starts bringing it up around the team.

• An employee receives sexually suggestive direct messages in Slack or Teams from a coworker, and the messages continue after the employee tries to shut it down.

• A coworker shares sexual images or explicit links in a work group chat, and the thread treats it as normal team humor.

• A team member makes hostile remarks about a pregnant employee’s restrictions or lactation needs, and the comments continue during normal work interactions.

• A coworker targets an employee with slurs or intentional misgendering, and others repeat it as a joke.

Step-by-Step Reporting Procedures

Clear sexual harassment reporting procedures tell employees how to submit a report and what to include in it. Employers should prescribe a short set of steps that controls what happens after a report comes in. For example:

1. Supervisor forwards any oral or written report to HR or the designated contact the same day the supervisor receives it.

2. HR receives reports submitted through an alternate recipient, an online portal, or an anonymous channel, and logs the report the same day.

3. HR confirms receipt and tells the employee who will follow up and when.

4. HR preserves the message thread or screenshots tied to the report as evidence.

5. HR sets immediate boundaries that stop continued contact while the review moves forward.

6. HR interviews witnesses and reviews the record.

7. HR documents findings and communicates the outcome to the extent the process allows, with a reminder that retaliation is prohibited and a clear contact point for followup concerns.

Information HR Needs Right Away

A short sexual harassment report form gives employees a place to put the key facts in one consistent format. Employees can still report without the form, and the supervisor or HR receiving the report should ask the same priority questions.

Priority questions should capture what the reporting employee says the accused employee did or said that prompted the report. Questions should ask for specifics, like the exact message text when the conduct occurred in writing, what physical contact occurred if any, and how many times the conduct happened. Evidence questions should ask if the reporting employee has any records or documentation that support the report and where HR can access them.

Sample questions for a sexual harassment report form or informal report conversation:

• “Describe what the accused employee did or said that prompted the report.”

• “When did it happen? List the date and an approximate time window.”

• “Where did it happen? Name the location, or name the Slack or Teams channel, direct message, email thread, meeting name, or meeting chat where it appeared.”

• “What records support the report, and where can HR access them? Attach message threads or screenshots if available.”

• “Who witnessed the conduct or received the same message?”

• “Does the accused employee control your schedule or evaluate your performance?”

Interim Steps During Review

Employers should implement temporary protections to stop contact between the reporting employee and the accused employee while HR completes interviews and a review of the record. HR can direct the accused employee to stop contacting the reporting employee, then approve schedule or assignment changes that keep the employees separated at work. Supervisors should also hear a clear reminder that retaliation is prohibited and that negative work decisions after a report can create separate exposure.

Investigation and Corrective Action

A prevention program breaks down when reports go nowhere and cause employees to lose trust in the reporting process. Silence after a report tells employees the system won’t protect them. On the other hand, a timely, organized investigation and a consistent corrective action process stop repeat conduct, but also reinforce that the reporting system works.

Investigation Steps You Can Defend

Employers should use a consistent investigation sequence that starts the same way every time, even when the report arrives informally.

1. Assign one investigator with authority to gather records and schedule interviews.

2. Secure the evidence first, so the investigation starts from preserved records instead of memory and secondhand retellings.

3. Interview the reporting employee first, then build the witness list from what the employee reports and from the records.

4. Interview witnesses next, then interview the accused employee after the core record is in place.

5. Document what the investigator reviewed and what each witness said in a way that stays factual and specific.

Corrective Action That Stops Repeat Conduct

Corrective action should be based on what the investigation confirms. Employers should choose discipline that stops the accused employee from repeating the conduct and deters similar conduct by others. They should also address management failures that allowed the conduct to continue, like a supervisor ignoring earlier reports or allowing sexual content to circulate in a team channel. HR should monitor for retaliation after the decision by reviewing any negative work changes affecting the reporting employee, especially changes to schedule or core job duties.

Checklist for Employers

1. Define prohibited conduct in plain language and list concrete examples, with coverage for in-person conduct and workplace communications.

2. Provide clear reporting options, name the primary and alternate recipients, and add anonymous or online reporting when it fits the workplace.

3. Require supervisors to forward reports to HR or the designated contact the same day, and prohibit side investigations or “private handling.”

4. Train employees and supervisors with realistic scenarios drawn from the policy, and include workplace messaging and video meeting examples tied to your tools.

5. Use a report form with priority questions, and use the same questions during informal reports when an employee does not complete the form.

6. Implement temporary protections during review that stop contact and prevent retaliation without cutting pay or forcing a transfer.

7. Run a consistent investigation sequence, document evidence and witness statements, and base corrective action on what the investigation confirms.

8. Monitor for retaliation after the decision by reviewing negative work changes affecting the reporting employee.

Work With Conn Maciel Carey, LLP on Prevention Program Design

Employers are best positioned to prevent sexual harassment when policy, training, reporting, investigations, and corrective action work together in a single, repeatable process.

Conn Maciel Carey’s national Labor & Employment group works with employers to tighten policies, refresh training content, pressure-test reporting channels, and strengthen investigation workflows. Contact Conn Maciel Carey at (202) 715-6244 to discuss a prevention program review or a targeted update that fits your workforce and risk profile.

This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.