Not Just Jane (Doe)

A Step-by-Step Guide to Preventing and Dealing with Sexual Harassment at Startups

Last week, an anonymous Medium post alleging Toronto startup Planswell covered up sexual harassment sent shockwaves through the startup community.

Accusations of sexual harassment in the technology community are nothing new. Scandals have rocked tech giants like Google and Uber, sparking conversation on how tech companies prevent and deal with misconduct. In almost every case, the companies attempted to cover up the accusations, for fear of blowback. However, their lack of action, arguably, ended up contributing to a drop in public opinion and in some cases, even share prices. Sexual harassment can happen at any company. It’s how you deal with it that can make or break your reputation.

Most folks shouldn’t need a financial incentive to want to avoid harassment at their company, but the numbers are there: organizations that put their people first outperform others on sales, as well as employee retention. Designing a culture with diligent hiring practices, strong values and clear policies is a start.

Here’s how to create a team where people feel comfortable reporting harassment and uncomfortable well, harassing:

• Understand the power dynamics. Sexual harassment is not about sex. It’s about power, and that’s why any discussion about harassment needs to begin with an understanding of it. The company’s hierarchy, as well as someone’s gender identity, race and economic background can all be factors in power imbalances. Power imbalances give confidence to predators, and take confidence away from victims.
• During your hiring process, collect reference checks from all types of people, especially from those in management positions. Nevermind what their boss thought of them; what did those reporting to them think? You can also let them know about your company’s commitment to inclusive practices, ask how they lead inclusively, and how they’ve partnered with HR professionals in the past.
• Have policies before anything happens. You should have a general respect policy and code of conduct, as well as one addressing harassment. It should outline what harassment is, what is unacceptable at your company, and how to make a complaint. Be sure to also outline what the company’s process for dealing with a complaint is. The policy should also reference the company’s process of handling retaliation as a result of a complaint . Don’t attempt this yourself — it should be written by an experienced HR professional or lawyer and signed off on by everyone at onboarding. Most employees will appreciate that their workplace takes an active stance on such an important issue.
• Late hours, alcohol, and parties don’t cause or excuse harassment, but they do provide opportunities for predatory behaviour. Consider what actions can be taken to increase safety in these situations, such as rideshare credits, and enforce a substance use policy.
• Train your team, especially your managers. A step-by-step is beyond the scope of this article, but your team should understand what does and doesn’t constitute harassment and how to deal with it as a victim, confidante, or manager. Many sensitive situations are botched because a leader was caught off guard and wasn’t properly trained. Consider bringing in an outside expert.

Even in the most supportive cultures with the most airtight policies and hiring, harassment does happen. Here’s what to do when someone comes forward:

• Reassure the victim that they are heard and protected, and that the proper process will be carried out. Thank them for having the bravery to come forward, and offer to connect them with victim resources outside your organization. Ask what they’d be comfortable with as a next step while your organization investigates. They may want to take time off, or work from home. Don’t assume, ask.
• Do not advise them “as a friend”. Stay professional and follow the process. They likely have loved ones outside of work who can support them from that angle. Your job is to be a supportive and professional leader.
• Always keep documentation throughout the process. This means good notes that you can refer back to. Do not use a recording device during any conversations without consent.
• Retain an outside investigator and involve your legal counsel. Inform your board that you are actively investigating a harassment claim.
• Your legal counsel or investigator may suggest putting the accused on leave from the workplace while the investigation occurs. This is common and generally a good idea.
• If an employee, or former employee, makes claims about harassment at your company via social media or another public forum, do not refute the accusations or be defensive. In many cases, remaining silent isn’t great for public relations, either. If you must make a statement, note that you take the situation very seriously, support survivors, and are retaining an investigator and legal counsel.

Finally, act quickly. If a claim is undeniable or your investigation confirms the accusations, you have a legal responsibility to deal with it accordingly. It doesn’t matter how senior they are or how important they are to a big project or upcoming funding round. Nothing is worth losing the trust of your team and the victim, a potential court case or a public fallout. Leadership is full of difficult decisions, but creating a company that cares for and supports its team is one you’ll never regret.

Please note that we aren’t lawyers and you should consult with one if you’re dealing with sexual harassment in your workplace. Also note that this article was written to be location-agnostic, meaning you should consult your local labour laws as well.

About us:

Bright + Early is a modern HR consultancy on a mission to craft the world’s best workplaces. We partner with early to mid-stage companies who need to scale fast but stay friendly. Nothing in place? Don’t know where to start? No problem.