MANAGEMENT MOXIE Nimble News

IS YOUR COMPANY DOING ENOUGH TO PREVENT WORKPLACE HARASSMENT?


Why is the threat of a harassment complaint so scary for employers? One reason is that a harassment lawsuit of any kind can bring large financial liability and embarrassment to your workplace. Another reason for trepidation is that harassment is a rapidly expanding area of the law that is constantly shifting and developing, so you are not always sure of the standards. Further, to prevent harassment, you have to keep a tight rein on employee behavior, which often seems an impossible task. It is an unfortunate fact that even though your company may strive diligently to prevent harassment, it may still be occurring in your workplace. Our goal is to help you develop best practices that will significantly limit your exposure to these complaints.

This edition will supplement our e-newsletter that you received a couple of months ago titled "The Terrain Of Harassment Is A Very Dangerous Place To Stand."

Here's a run down of the different categories of prohibited harassment under both state and federal law;

  • Sexual harassment;
  • Racial harassment;
  • Religious harassment;
  • National origin harassment;
  • Disability based harassment;
  • Age harassment;
  • Same sex harassment;
  • Sexual orientation harassment;
  • Hostile environment harassment.
Employers are required to prevent workplace harassment; they cannot simply react to it after it occurs. A hostile workplace occurs when the harassment becomes severe and pervasive, such that it unreasonably interferes with an employee’s work performance.

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal rules and regulations. Employers who permit, or even promote, unlawful harassment and hostile work environments face severe financial penalties, hefty litigation costs, and significant lost time and productivity due to claims and lawsuits.

The following is a partial list of actions that may constitute sexual harassment:
  1. Sexually suggestive letters, notes, emails, or images;
  2. Rubbing, patting, pinching or intentionally brushing against another’s body in a sexual manner;
  3. Offensive remarks about looks, clothing, body parts; and
  4. Sexual or lewd jokes, hanging sexual posters, making sexual gestures.
The following is a partial list of actions which may constitute other forms of prohibited harassment:
  1. Displaying derogatory pictures, drawings, gestures based upon age, race, creed, nationality, etc.;
  2. Use of derogatory words and phrases based upon age, race, creed, nationality.;
  3. Use of negative stereotypes based upon age, race, creed, nationality; and,
  4. Intimidating and/or violent acts and comments directed toward employees because of their age, race, color, creed, nationality.
Under state law employers are required to have a policy that prohibits sexual harassment. We recommend that employers also implement a separate policy that notifies their employees that other forms of harassment will not be tolerated as well.

We encourage our clients to take steps to identify and then eliminate high risk behavior before it escalates to harassment. Examples of high risk behavior include, but are not limited to, employees fixating upon other employees, employees who occasionally use inappropriate language, employees who are overly controlling and inflexible when dealing with co-workers, or employees who routinely act out in anger. Employers should frequently talk with their employees about what is and is not appropriate conduct. Employers should document incidents of high risk behavior and discuss those with the offending employee. Where appropriate, employers should retrain and/or offer outside counseling to any employee that exhibits high risk behavior. Employers also need to respond to incidents and allegations of high risk behavior, as well as unlawful harassment, with swift, reasonable and decisive action.

Final Thought

The bottom line, when it comes to harassment, is that you are responsible for providing your employees with a workplace that is free from harassment. If harassment occurs in your workplace, it is up to you to first show that you acted reasonably to prevent that harassment. Reasonable care generally requires an employer to establish, distribute and enforce a harassment policy and complaint procedure. Just remember that even if you do everything right – both before and after an employee complains about harassment – you may still be liable. Your best protection against a harassment claim is to make sure that none of your employees are harassed in the first place. To do that, you must;

  1. Establish a harassment policy and distribute it to all of your employees,
  2. Educate your supervisors about the dangers of all forms of harassment, giving specific examples of the different types of workplace harassment.
We can help.

Contact info@neworkplacelaw.com or call 508-548-4888




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