For your anti-harassment policy to be effective, it must be more than a written policy. It should incorporate different harassment training programs for managers and employees. To motivate workers to spot and deter harassment, you also need a bystander intervention policy. 

In states like California, employers are required to identify and address incidences of harassment in the workplace. In order to achieve this goal, employees and managers must take active steps to report and intervene when they see harassment happening. 

What Is Bystander Intervention?

Around 72% to 75% of bystanders don’t intervene when they see some type of sexual violence occurring. When bystanders are encouraged to act, the effects are remarkable. Some studies even show that bystander intervention is one of the most effective forms of harassment prevention.

Bystander intervention is a method of preventing harassment. In this method, bystanders are encouraged to respond in situations where they might normally do nothing. In a workplace, this type of response is typically codified in an anti-harassment policy. Bystanders in the workplace are told that they are mandated to respond if they see incidents of harassment. If they feel unsafe or unable to respond, they are required to report the incident to HR. 

The concept of bystander intervention dates back to a famous case that occurred in 1964 in New York. A young woman, Kitty Genovese, was violently attacked and murdered. Although there were many people who heard the attack, no one intervened because they thought that other people would call for help. This famous incident is what led psychologists to study the bystander effect. Modern bystander intervention policies stem from these early studies, and they are extremely effective ways to counter incidents of harassment.

Why You Need a Bystander Intervention Rule in Your Anti-Harassment Policy 

While states like California and New York have extended rules about anti-harassment training for workplaces, they often don’t require bystander intervention rules to be implemented. However, there are municipalities that do have these requirements. For instance, Chicago requires bystander intervention to be a part of a company’s anti-harassment training. 

Even though it might not be legally required in your area, it’s a good idea to train your workers on bystander intervention. By incorporating this type of policy into your workplace, you can enjoy a number of important benefits. 

• Better deterrence against future incidents of harassment
• Safer work environments
• More empowered employees
• Improved productivity and retention because employees feel safer 
• More frequent interventions when harassment happens 

Three Best Bystander Intervention Techniques for Workplaces 

In the workplace, there are three key steps employees should be taught to intervene when incidents of harassment occur.

Distract the Harasser

If the worker doesn’t feel comfortable confronting the harasser directly, it’s a good idea to pull the victim from the situation. When you can’t simply pull the victim out of the situation, try to distract the harasser. For example, you can ask them for directions on a project or information about an upcoming event.

Confront the Harasser

Workers and managers can also confront the harassers when they see them misbehaving. By asking the harasser to knock it off or pointing out that a comment is inappropriate, you can demonstrate that this type of behavior is unacceptable. 

When no one speaks up, the harasser feels like their behavior is accepted. Normalizing harassment only increases the likelihood of it happening again. As long as the co-worker feels safe to speak up, they should say something so that the victim feels supported and the harasser knows their behavior isn’t appropriate. 

Speaking up is especially effective in a group setting. It encourages other people to respond, which reinforces the fact that the behavior is unacceptable.

Check in With the Victim

Finally, it’s essential to check in with the victim afterward. They should know that the harassment wasn’t their fault and that someone else cares. You can tell them that you weren’t comfortable with what happened and offer support.

Make Reporting Incidents a Requirement

Sometimes, the employee won’t feel comfortable distracting or confronting the abuser. When this happens, the worker should still be required to report it. 

To make reporting incidents easier, you should designate specific people in charge of receiving reports. In a recent Mission to Grow podcast on “Harassment Training: What Every Small Business Owner Needs to Know to Protect Their Employees”, Mary Simmons, Asure’s vice president of HR compliance, discussed the importance of setting up your reporting processes correctly. “During your training, you need to explain what is the process for making a complaint and what is going to happen. And those complaints should go to at least two to three individuals. You can’t just say, ‘Go to your manager.’ Your manager could be the one discriminating against you.” 

During anti-harassment training, you should discuss the complaint process and which managers can receive complaints. Additionally, your anti-harassment policy should clearly require employees to report any incidents of harassment that they see. 

Leadership Plays a Key Role

By being proactive and leading by example, your managers can discourage harassment from occurring in your company. Leading by example may involve prioritizing anti-harassment training for team members, speaking up when inappropriate comments are made, and clearly discussing the type of behaviors that are acceptable. If your managers aren’t modeling and encouraging the appropriate behaviors, you’ll end up having issues.

As a part of this modeling, you should require managers to use bystander intervention to prevent and resolve harassment issues. When the person speaking up is a manager, it has an immediate, lasting impact.

Incorporate Bystander Intervention Rules Into your Anti-Harassment Training

If you’re trying to build an effective anti-harassment policy, one of the most important things you can do is incorporate bystander intervention into your company’s training program. Besides being the right thing to do, building an effective anti-harassment program can help your workplace become safer and more productive.

Whether you want to build a better workplace culture or simply improve your legal compliance, the right anti-harassment program can help. To learn more about the best HR policies and recommendations, reach out to our team of small business HR and payroll experts today to learn more.