Keith Markel, Alana Mildner Smolow and Kayla West Discuss Importance of Anti-Harassment Training and Policies Amid "It Ends with Us" Controversy

Amid the conversation surrounding actress Blake Lively’s sexual harassment allegations against her It Ends with Us co-star and director Justin Baldoni – who then filed his own defamation and extortion complaint – Keith A. Markel, Alana Mildner Smolow and Kayla West published an article in Law360 offering guidance to employers on how to prevent and address workplace harassment. In “It Starts with Training: Anti-Harassment After It Ends with Us,” the authors discuss how proper training, policies and other measures can help foster a respectful and compliant workplace.

Training – Many jurisdictions now require private employers to develop and conduct sexual harassment prevention training. In most jurisdictions, the required training is generally educational, such as defining sexual harassment, providing examples, explaining legal recourse and advising of protections against retaliation. Even in jurisdictions where training is not required by law, employers should consider conducting periodic training for employees as a best practice, especially for supervisors and managers, and as a good prevention tool.

Policies – Employers must have written anti-harassment policies that define acceptable workplace behaviors and clearly outline the process for internally reporting sexual harassment in the workplace. A well-communicated policy helps defend against claims when employees fail to use the reporting process spelled out by employers.

Investigations – Sexual harassment claims should be taken seriously and investigated thoroughly. External investigators may be necessary to ensure impartiality and thoroughness. Employers should document the process and findings in some fashion, which can demonstrate that prompt and appropriate action was taken, even if the claims ultimately are not substantiated.

Law360 subscribers may read the full article here.