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Learn about the importance of implementing a zero-tolerance policy against harassment and discrimination in lodges. Understand the legal implications and steps to take in case of inappropriate behavior. Protect your lodge's reputation.
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Sexual harassment complaints are generally false or unjustified. Terms of endearment with lodge members, i.e. "honey," "dear" could be considered verbal abuse and charges could be brought up against the member. If he didn't like the sexual attention and she meant it only as flirting or joking, then it was not sexual Sexual harassment is not limited to physical contact. It can occur any time that an individual is uncomfortable with another person's approaches, comments or discussions. In order for it to be determined sexual harassment, the victim has to be of the opposite sex of the harasser. An employee, member or guest that witnesses another person being harassed could be considered a victim to and file a complaint.
Can you imagine a situation where a Lodge member has had too much to drink and somehow makes an inappropriate sexual comment or discriminatory remark to an employee, member or guest? And then being aware of the incident, employees, members or even board members doesn't do anything about it? If you can imagine this, you can probably also imagine the frustrated employee, member or guest turning around and suing the Lodge and individual board members for inappropriate behaviors that they have received or witnessed. It has happened before, and it can happen at your Lodge!
The legal threshold is whether the Lodge and/or board members knew (or reasonably should have known) the behavior was occurring, and failed to take appropriate corrective action. Lodges and their boards who tolerate this kind of behavior are in a dangerous position. It's more than just money on the line. It's also the Lodge's reputation that's at stake. There is no such thing as a good result from bad press concerning a lodge.
All Lodges should develop a zero-tolerance policy against harassment and discrimination that includes , at a minimum, the following key elements:
Expressly prohibit any sexually harassing, inappropriate behavior or discrimination by members toward employees or lodge members. Define sexual harassment and discrimination, making clear that it includes inappropriate relations, touching, and communication (i.e., emails, phone calls, text messages, or messages through social media. Any conversations or actions that discriminates against a person's age, disability, national origin, pregnancy, race/color, religion, or gender.
Firmly state that any individual (members and their guests) found to have engaged in sexually harassing behavior or discriminatory actions will be subject to discipline in accordance with the current Elks statues. The lodge should require all employees, members, victims or bystanders to report any instances of inappropriate behavior, sexual or otherwise, they experience or observe immediately. The complaint procedure should be communicated to the members during new member orientation. A copy of the Elks Social Club Rules should be provided to all new members during orientation and reviewed with them. Reiterate that all members are responsible for the conduct of their family and friends while at the Lodge.
No Retaliation: The Lodge should state clearly in the policy they will not tolerate retaliation against any individual who makes a report of harassment and or discrimination, provides information concerning such actions or opposes any action that violates the zero-tolerance policy against harassment. With respect to members and guests, the Lodge should maintain a policy requiring strict professionalism at all times, particularly in the context of private clubs, where a social setting may tempt members or guests to engage or interact with each other in a more casual manner. Regularly reiterating that inappropriate jokes or comments, obscene gestures or insults and inappropriate touching are prohibited in all circumstances will help reinforce the zero-tolerance policy against harassment.
The Lodge should take all complaints or reports of harassment or discrimination seriously, regardless of how or from whom received, and should act promptly to review and thoroughly investigate all such complaints. If the investigation shows the complaint to be valid, the Lodge's response should be swift and effective. The above key points are key steps Lodges should take to avoid the potential #MeToo firestorm from landing at your doorstep
Procedures for anyone to whom a complainant reports an incident of sexual harassment or discrimination should comply with the following guidelines.
Receive Report from Complainant Listen attentively and stay calm. Acknowledge that it takes a great deal of courage to report abuse. It is appropriate to listen and be encouraging. Do not express shock, horror or disbelief. Assure privacy but not confidentiality. Explain that you will have to tell someone about the abuse/harassment to make it stop and to ensure that it does not happen to other protected persons.
Get the facts, but don't interrogate. Ask the complainant questions that establish what was done and who did it. Reassure the complainant that he or she did the right thing in telling you. Be non-judgmental and reassure the complainant that it will be investigated. Do not be critical of anything that has happened or anyone who may be involved. It is especially important not to blame or criticize the complainant.
Record. Keep a written record of the conversation with the complainant as soon after the report as you can, including the date and time of the conversation. Use the complainant's words, and record only what has been told to you.
Immediately report the incident to the Board or whomever your Lodge has appointed to receive these types of complaints. Avoid gossip and blame. Do not tell anyone about the allegation other than those that need to be told. All information with respect to the allegation must be kept strictly private and confidential to protect the rights of both the complainant and the respondent. Once the Lodge Officer(s) have received the information they will need to investigate the complaint to determine if it's a legitimate complaint and appropriate next steps for the individual(s) involved.
