In addition to implementing a policy and complaint procedure, the employer must exercise due care to guard against supervisor misconduct. This includes screening, training and monitoring their performance. Due care requires employers to:

1. Instruct supervisors and managers to address or report all complaints of harassment regardless of whether they are designated to take complaints, and regardless of whether the complaint conforms to procedure (e.g., if employee files EEOC charge, management should launch internal investigation regardless of whether the employee filed a complaint under employer’s policy).
2. Correct harassment regardless of whether an employee files an internal complaint, if the conduct is clearly unwelcome (e.g., if there is graffiti containing sexual or racial epithets, management should eliminate it and not wait for an internal complaint).
3. Conduct periodic training for supervisors and managers to ensure that they understand their responsibilities under the policy and complaint procedure.
4. Monitor supervisors’ and managers’ conduct to ensure that they carry out their responsibilities (e.g., include this in formal evaluations).
5. Take reasonable preventive measures, including screening applicants for supervisory jobs to see if they have a record of engaging in harassment.
6. Keep records of all complaints of harassment so that any patterns of harassment by the same individual may be noted.