In this article, Preston Pugh,* Aiysha Hussain,* and Ian Herbert discuss how independent board directors can adapt existing Department of Justice (DOJ) guidance from the agency's "Evaluation of Corporate Compliance Programs" to address sexual harassment at corporations. "Addressing these risks as an independent board director who is necessarily removed from day-to-day operations is not an easy task, but it is required by the director's duty to the corporation," the authors wrote. "Fortunately, there is no need to reinvent the wheel. Directors may already be asking the right questions when assessing typical compliance risks previously considered more destructive than harassment, such as foreign corruption and fraud." The authors go on to suggest that the DOJ guidance can be used in this context because it "is not specific to any particular industry, provides common sense benchmarks that can be referred to throughout an organization, and 'is of particular relevance to the board of directors [] in the exercise of its compliance oversight duties.'"

*Former Miller & Chevalier attorney