You, too? Hopefully not

The good news may be that your small or mid-size business probably doesn't employ the celebrity names that could drag your company into the #MeToo sexual harassment headlines.

The bad news is that your business may be at risk for harassment charges anyway.

In fact, the opening text of a Wessels Sherman seminar handout dealing with harassment issues caught most attendees' attention with a simple question-and-answer: "Question. #MeToo claims: Are they brewing in your business too? Answer. Yes, they are."

The core of a seminar presentation by Jennifer Adams Murphy, a Wessels Sherman shareholder and senior attorney based in the firm's St. Charles office, the material noted that Me Too "is a very contagious social movement that has substantially reduced tolerance for 'locker room' behavior and 'boys will be boys' attitudes."

This column isn't intended to shame business owners into action when harassment, especially sexual harassment, issues arise. Instead, based on Adams Murphy's handouts and a later conversation with her, the intent is to provide a list of actions intended to keep businesses out of trouble in an era when trouble seems brewing everywhere.

Wessels Sherman is a management-focused employment law firm. The conversation we had is one you might have with your most senior HR officer - or attorney.

Here is an edited version of what I think are the highlights of Adams Murphy's handout and our conversation.

• In Illinois, the state's Human Rights Act covers sexual harassment issues - and applies to employers with as few as one employee.

• There are no guarantees, especially when harassment and the law are involved, but the presence of a well-crafted anti-harassment policy may help.

• Training matters. Generally, employees and managers-supervisors should be trained in separate sessions.

• Reporting paths are extremely important. Employees worry about retaliation, so your policy should state that retaliation is not allowed and that employees have reporting options - in case, for example, Sally's supervisor is Harry, who is the one harassing her.

• Your investigation of a complaint should be immediate, thorough and perhaps conducted by an outside human resources professional.

• Not all harassment claims are true. Part of the reason for your investigation is to ferret out the truth. Interview the people involved (separately, of course) and any witnesses.

Harassment, especially sexual harassment, is complicated - even when the relationship is consensual. Among the issues Adams Murphy has faced on behalf of some of her business clients:

• Sally was promoted, the rumor mill says, because she is dating Harry.

• An angry spouse made an unexpected office visit, threatening harm to both parties.

• Harry and Sally take joint business trips that become mini-vacations - and have the additional issue of meals, gifts and room costs being inappropriately expensed.

Of course there's more. The point is that in today's world business owners may want to review their employee policies - harassment isn't the only issue - before a judge says "Let me see your handbook."

• © 2018 Kendall Communications Inc. Follow Jim Kendall on LinkedIn and Twitter. Write him at Jim@kendallcom.com. Read Jim's Business Owners' Blog at kendallcom.com.