Why You Need a Harassment Policy Right Now

Sexual harassment charges seem to be everywhere – from Hollywood to Washington to Las Vegas casinos. Yet the vast majority of co-op and condo boards have not taken steps to guard against the possibility of harassment claims. Legal experts agree that it’s time for boards to wake up. 

Opportunities for bad behavior – and litigation – abound. Horseplay among staff members can easily escalate into what might be considered harassing behavior. A board member’s repeated flirtations with or sarcastic comments about a fellow director may not be taken lightly. A super who singles out a staff member for repeated ridicule could face complaints that he is creating a hostile work environment. 

“It is important that boards and management companies make sure that there is a set of anti-harassment policies that employees are aware of, and that they know to whom they should go with complaints,” says Lawrence M. Pearson, a partner at the Wigdor law firm who has litigated numerous workplace harassment and discrimination lawsuits. 

Attorney Andrew P. Brucker, a partner at Montgomery, McCracken, Walker & Rhoads, says the best way to prevent harassment – and to guard against liability should a claim arise – is to adopt a written policy establishing zero tolerance for harassment of any kind. Such a policy can be put together with the help of legal counsel. The policy should be distributed to board members and all staff, perhaps accompanied by some training. The board might also consider sending the policy – or at least notice of the policy – to residents, Brucker says. 

Common in corporate environments, such policies typically include clear definitions of what constitutes prohibited conduct. They also spell out the procedure for employees to follow if they want to make a harassment complaint, and the range of disciplinary actions that may result if it is determined that harassment has occurred. 

Attorney Ken Jacobs, a partner at Smith, Buss & Jacobs, says he’s recently received two harassment-related complaints from clients, both involving board members. In one, a female member complained that a male colleague has suggested she “come up and visit him sometime.” In the other, a female board member complained that a male member has belittled her publicly. 

An anti-harassment policy template developed by his firm for co-ops and condos includes a section designating the person who is to receive complaints and field questions about inappropriate conduct. That person must keep the complaints confidential and be relied upon to look at them in good faith, Jacobs says. The most likely candidate would be the property manager, unless that person was the alleged harasser, in which case the designee could be the board president or another officer. 

Having a written policy in place can potentially shield the co-op or condo from liability if an employee files a lawsuit without having first complained to a superior. “There are defenses under anti-discrimination case law that require employees to at least make the employer aware of the harassment,” says Pearson of the Wigdor law firm.