Written Policies and Procedures:
It is not an option in today's legal climate to conduct a business without a written policy on sexual harassment. The policy should commence with a statement that the company has zero tolerance for sexual harassment and that in fact such conduct is unlawful. Specific examples of sexual harassment should be set forth in the policy in language that the least educated employee will understand. In addition to including the policy in the Employee Handbook, post it in communal areas and distribute it to all employees, who must acknowledge receipt on a separate form.

Employee Training:
All employees should receive training regarding sexual harassment. Begin with supervisors because an errant supervisor can become a great liability if legal action is pursued. Training sessions should be documented. If the company has a large non-English speaking employee population, consideration should be given to translating the policy into that language, as well as perhaps the training sessions.

Reporting Options:
Traditionally, a person's supervisor has been the recipient of complaints, but what of the case where the supervisor is the harasser? Detail reporting mechanisms in the policy that allow for alternatives such as a Human Resources supervisor, EEO officer or a same sex manager as the complainant. All employees should be advised they have an obligation to report whether victim or observer, even if they just suspect and even in the case where a victim requests that the incident not be reported.

Conducting Investigations:
All complaints must be investigated promptly and thoroughly. Document the investigation with signed statements and by having a witness present during interviews. If the company is small, without a human resources staff, it should consider using professional help to conduct the investigation. At the conclusion of the investigation, appropriate corrective action, up to and including discharge, should be taken. The policy should discuss appropriate disciplinary actions.

Non-Retaliation:
Do not retaliate against a good faith complainant if the complaint proves unfounded. This will only serve to discourage the reporting of incidents. Furthermore, retaliation is a separate offense under Title VII and the EEOC will not hesitate to act on such claims.

Monitor and Audit:
Audit the policy periodically for effectiveness, especially as it relates to the complaint procedure and adjust and revise it as necessary. Redistribute the policy annually or if a change is made. The policy should also be distributed at career specific times such as hiring or promotion so the employee understands how the policy affects the employee's new position.

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