Sample Anti-Discrimination and Harassment Policies for Your Business

While often discussed separately, anti-discrimination and anti-harassment policies work best when combined into a single, comprehensive “Equal Employment Opportunity (EEO) and Anti-Harassment Policy.” This guide breaks down the essential components every employment discrimination policy should have and provides sample language to help you draft your own.

Anti-discrimination laws vary significantly by state and city. This guide provides a starting point for small business owners, but it’s still a good idea to consult with an employment law attorney to ensure your final policy complies with all local, state, and federal laws.

Why a Written Policy Is Essential

Beyond legal compliance, a strong policy is a smart business decision. It shows your commitment to a safe, respectful workplace, which helps you attract and retain talented employees. A strong anti-harassment policy, harassment training, and clear pathways for employees to report issues set everyone up for success.

By setting clear expectations, you can reduce conflict and foster a more productive, positive company culture. It’s your first line of defense in minimizing liability and managing risk.

Core Components of an Effective Policy

A comprehensive policy should include several core components. Below, we explain each one and provide sample language.

1. The Equal Employment Opportunity (EEO) Statement

This is the foundation of your policy. It formally declares your commitment to non-discrimination in all your company’s employment practices.

Sample Language:
“[Your Company Name] is an equal opportunity employer. We will not discriminate and will not permit any employee, supervisor, or agent of the company to discriminate in any employment-related decision, including hiring, termination, promotion, compensation, or disciplinary action. All employment decisions will be made without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or any other status protected by law. We are committed to providing a work environment free of discrimination.”

2. The Anti-Harassment Statement

This section clearly defines what harassment is and states that it will not be tolerated.

Sample Language:
“[Your Company Name] is committed to maintaining a workplace free of harassment. Harassment based on an individual’s protected status, including race, religion, sex, sexual orientation, gender identity, national origin, age, or disability, is strictly prohibited and will result in disciplinary action, up to and including termination. This policy applies to all employees, managers, clients, vendors, and other visitors to our workplace.”

Including a clear definition of harassment can go a long way toward establishing boundaries and protecting your company.

Sample Definition:
“Harassment is unwelcome conduct based on a protected characteristic. Conduct becomes unlawful harassment when enduring it becomes a condition of employment, or when the conduct is severe or pervasive enough to create a hostile work environment that a reasonable person would consider intimidating, hostile, or abusive. Harassing behavior can be verbal (e.g., slurs, offensive jokes), visual (e.g., offensive images), or physical (e.g., unwanted touching).”

3. Specifically Address Sexual Harassment

Because sexual harassment is a prevalent and serious issue, your policy should address it explicitly in your employee handbook.

Sample Language:
“Sexual harassment is a form of sex discrimination and is strictly prohibited. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This policy prohibits two forms of sexual harassment:

• Quid Pro Quo Harassment: This occurs when an employment decision is based on an employee’s submission to or rejection of unwelcome sexual conduct.
• Hostile Work Environment Harassment: This occurs when unwelcome sexual conduct is so severe or pervasive that it unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.

Examples of prohibited conduct include unwanted physical contact, offensive sexual jokes or comments, and displaying sexually suggestive images. This policy applies to all individuals regardless of gender.”

4. A Clear Reporting Procedure

Employees must have a safe and straightforward process to report harassment or discrimination. This procedure must provide multiple reporting avenues, allowing employees to bypass a supervisor who may be the subject of harassment complaints.

Sample Language:
“Employees who believe they have been victims of or have witnessed harassment or discrimination should report it immediately. Employees can report the incident to their direct supervisor, another trusted manager, or the Human Resources department. All reports will be investigated promptly and will be kept as confidential as possible. Reporting an issue internally does not limit an employee’s right to file a formal charge with the Equal Employment Opportunity Commission (EEOC) or a relevant state agency.”

5. A Strong Non-Retaliation Guarantee

This is one of the most critical parts of your policy. Employees are often afraid to report issues because they fear losing their job or facing other punishment. Your policy must explicitly protect them from retaliation.

Sample Language:
“[Your Company Name] strictly prohibits retaliation against any employee who, in good faith, reports discrimination or harassment or who participates in an investigation of such a report. Any employee found to have retaliated against another for reporting an issue or participating in an investigation will be subject to disciplinary action, up to and including termination.”

6. An Outline of the Investigation and Disciplinary Process

This section sets expectations for what happens after a report is made and assures employees that their concerns will be taken seriously.

Sample Language:
“Upon receiving a complaint, Human Resources will conduct a prompt, thorough, and impartial investigation. If the investigation confirms that harassment or discrimination has occurred, the company will take immediate and appropriate corrective and disciplinary action. Any employee found to have engaged in improper or unlawful behavior will be subject to discipline, up to and including termination of employment.”

Putting Your Policy Into Action

A policy is only effective if your employees know about it. Distribute the policy to all current employees and to new hires during onboarding. Require every employee to sign a form acknowledging they have received, read, and understood the policy.

It’s also a good idea to conduct regular training sessions for all employees and managers on your anti-harassment and anti-discrimination policies. Don’t wait for an incident to occur before implementing these sessions.

Get Legal Advice for Your Policy

Proper language in your business’s anti-discrimination and harassment policy can help prevent problems before they occur. An experienced employment law attorney can review your policy and ensure full compliance with state and federal rules.