Key Elements for Effective Church Sexual Harassment Policies

Church HR, or human resources, in any faith-based organization, is complex and nuanced. Creating an effective anti-harassment workplace policy is even more difficult in a religious workplace, yet crucial for fostering a safe and inclusive environment. Your role as Ministry HR Professionals is essential in this process. Many state laws require employers to have a policy that states they won’t discriminate based on religion. Most state anti-discrimination laws exempt faith-based organizations in one manner or another. 

State Anti-Discrimination Laws

Many state laws require employers to have a policy prohibiting discrimination based on religion. However, most state anti-discrimination laws exempt faith-based organizations in various ways:

• California: The Fair Employment and Housing Act (FEHA) exempts religious employers from certain provisions.
• Massachusetts: The Fair Employment Practices Act (FEPA) prohibits religious discrimination but may exempt churches from some requirements.
• Colorado: The Colorado Anti-Discrimination Act (CADA) prohibits discrimination but exempts religious organizations under specific conditions.

Ministry HR Professionals must research state laws thoroughly to understand exemptions and avoid unintended legal consequences. Failing to do so could lead to unintended consequences. For instance, if you base your harassment policy on a law that your organization is exempt from, you may inadvertently waive your exemption and subject your organization to unnecessary regulations and oversight. This cautionary note underscores the importance of being attentive and thorough in your research.

Federal Law: Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964, a federal law, generally prohibits employment discrimination based on religion, race, color, sex, or national origin. The Act applies to religious organizations, but it affords a narrow exemption that allows consideration of religion when hiring employees. The exemption was expanded in 1972 to apply to all positions in a religious organization.

So now you understand why you want to base your church policies and procedures on Title VII of the Civil Rights Act of 1964 and any state laws that do not provide an exemption. Such a policy not only helps protect employees from harassment but also ensures that the organization has a clear process for handling such complaints and demonstrates necessary compliance with legal standards. Basing church policies on Title VII and applicable state laws ensures compliance and protection for employees. 

Key Components of an Anti-Harassment Policy

To ensure a comprehensive and effective anti-harassment policy, include the following components:

1. Clear Definition of Harassment

Providing a detailed definition of harassment is essential. This should include:

• Harassment: Unwelcome conduct that is based on an applicable protected class. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. 
• Sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
• Verbal harassment: Insults, derogatory comments, and slurs.
• Physical harassment: Unwanted physical contact or threats.
• Visual harassment: Display of derogatory or offensive pictures, cartoons, or drawings.
• Other forms: Bullying, intimidation, and any behavior that creates a hostile work environment.

2. Scope of the Policy

The policy should clearly state to whom it applies. This typically includes:

• All employees, regardless of their position or status.
• Contractors, vendors, and visitors.
• Any other individuals who interact with the organization’s employees.

3. Examples of Prohibited Conduct

Providing specific examples of prohibited conduct helps employees understand what constitutes harassment. Examples might include:

• Unwelcome sexual advances or flirtation.
• Offensive jokes or comments about gender, race, religion, or other protected characteristics.
• Displaying offensive images or posters.
• Unwanted touching or physical closeness.
• Repeated requests for dates despite refusal.

4. Reporting Procedures

Clear procedures for reporting harassment are vital. These should include:

• How to report: Detailed steps on how employees can report incidents of harassment, whether through a hotline, email, or directly to a designated officer.
• Confidentiality: Assurance that reports will be handled with li confidentially to the extent possible.
• Non-retaliation: A statement ensuring that there will be no retaliation against employees who report harassment.

5. Investigation Process

The policy should outline the process for investigating reports of harassment. This should include:

• Prompt and thorough investigation: Commitment to conducting prompt and thorough investigations.
• Impartiality: Ensuring that the investigation is conducted impartially. This means that you should have an attorney or a private investigator (depending on state law) do the investigation if you:
  • Don’t have a Church HR or Ministry HR person experienced in doing investigations
  • Have multiple alleged victims or harassers
  • Due to ministry relationships, can’t conduct a fair and impartial investigation
• Communication: Communicate often to the alleged victim and harasser the timeline of the investigation
• Outcome communication: Informing the complainant and the accused of the investigation’s outcome.

6. Disciplinary Actions

The policy should specify the potential disciplinary actions for those found guilty of harassment. These might include:

• Warnings or reprimands.
• Mandatory training or counseling.
• Suspension or termination of employment.
• Legal action if necessary.

7. Prevention and Training

To prevent harassment, the policy should include measures for ongoing training and education:

• Regular training sessions: Mandatory for all employees, including management.
• Awareness programs: Workshops, seminars, and materials to raise awareness about Conclusion

An effective anti-harassment workplace policy is essential for creating a safe, respectful, and inclusive work environment. By incorporating these key components, organizations can demonstrate their commitment to preventing harassment and supporting all employees, thereby fostering a culture of respect and professionalism.

If you need assistance in writing policies or employee handbooks, call Church HR Network. We are experienced in Ministry HR and can assist you.

References:

• Equal Employment Opportunity Commission (EEOC) guidelines
• Society for Human Resource Management (SHRM) resources
• Workplace harassment laws and regulations