In 2013, the EEOC reported receiving 21,371 charges alleging harassment. The number of harassment charges filed indicates that no employer is immune from such accusations. A well-written, consistently administered harassment policy can greatly improve an employer’s defensibility against harassment claims.

An effective harassment policy should contain five essential components:

• A clear explanation that the employer prohibits harassment in any form based upon any characteristic protected by law.

• A dual reporting process, which provides more than one method for reporting harassment. For example, employees could be directed to report harassing conduct to their supervisors with an alternative reporting source, like a Human Resources Manager, for employees who feel uncomfortable contacting their supervisors for any reason.

• A statement that employees will not be retaliated against for good faith reports of harassment or providing information to assist in investigating another person’s report.

• Assurances that reports will be kept confidential to the extent possible. However, confidentiality should not be guaranteed because such a guarantee runs afoul of the National Labor Relations Board’s recent interpretation of the National Labor Relations Act.

• A prompt, thorough, and impartial investigation of every complaint. Include assurances that the employer will take corrective action, including possible termination, if it determines harassment occurred.