Workplace harassment is a significant issue for businesses, affecting both employee morale and productivity. HR professionals and managers play a critical role in addressing and preventing harassment to create a safer, more respectful work environment.
In this article, we review the essential steps employers can take to protect their workplace from harassment and outline recent updates to federal anti-discrimination laws that every business should be aware of.
By staying informed and proactive, organizations can ensure a safer and more compliant workplace.
Understanding Workplace Harassment
Workplace harassment includes various forms of misconduct that violate anti-discrimination laws. According to the U.S. Equal Employment Opportunity Commission (EEOC), harassment becomes unlawful when it creates a hostile or abusive work environment and negatively impacts employment conditions.
Some examples of workplace harassment include:
- Offensive jokes, slurs, or name-calling
- Physical threats or assaults
- Intimidation, ridicule, or insults
- Displaying offensive objects or pictures
- Interfering with work performance
Harassment can occur between employees, customers, and even third-party vendors. It’s not limited to the physical workspace and can also occur at work-related events, during travel, through social media, or other digital channels.
Handling Harassment in the Workplace
Employers are responsible for fostering a work environment where employees feel safe and empowered to report harassment without fear of retaliation. Establishing a well-communicated Anti-Harassment Policy in the Employee Handbook is crucial, along with easy-to-understand reporting methods.
When an employee files a harassment complaint, it’s important to remain neutral and ask objective questions like who, what, when, where, and how often the harassment occurs. This documentation helps determine the appropriate next steps.
Senior management and HR should promptly and thoroughly handle investigations by interviewing all involved parties, collecting evidence, and assessing credibility. All complaints must be taken seriously, properly documented, and, if necessary, followed by disciplinary actions, up to and including termination.
For more on conducting workplace investigations, read our in-depth article Workplace Investigations: When They’re Necessary and How to Handle Them.
Preventing Harassment in the Workplace
Prevention is key. Here are a few strategies for creating a harassment-free workplace:
- Anti-Harassment Policy: Include a clear and detailed Anti-Harassment Policy in your Employee Handbook. Make sure that employees understand the definitions of harassment, how to report it, and what the investigation process entails.
- Harassment Training: Provide regular harassment prevention training for all employees, and ensure that managers receive specific training on how to handle complaints. In some states, like New York, annual harassment training is mandatory – check your state’s requirements to make sure you’re compliant.
- Surveys: Use anonymous employee satisfaction and exit surveys to assess how safe your employees feel. These surveys can provide valuable insights into workplace culture and areas that may need improvement.
Updates from the EEOC
The EEOC recently updated its guidance on workplace harassment, providing valuable insights for employers.
This update, published on April 29, 2024, is the first comprehensive revision of federal anti-discrimination laws in over two decades. It serves as an important resource for navigating the complexities of harassment laws.
The updated guidance expands protections and provides clarity on several key areas:
- Color-Based Harassment: The guidance highlights instances where individuals are targeted based on skin tone, even when sharing the same race or national origin.
- Pregnancy-Related Harassment: Protections now explicitly include issues like lactation, contraception choices, and abortion decisions, expanding the understanding of harassment related to pregnancy, childbirth, or medical conditions.
- LGBTQ+ Protections: Discrimination based on sexual orientation or gender identity is reaffirmed as sex-based discrimination under Title VII, with examples such as misgendering and access to gender-segregated facilities.
- Genetic Information Harassment: The EEOC clarifies that harassment based on genetic information, such as test results or family medical history, is unlawful under the Genetic Information Nondiscrimination Act.
- Retaliatory Harassment: Even less severe retaliatory behavior, if not creating a hostile work environment, can still be considered unlawful retaliation.
For a more detailed breakdown, refer to the EEOC’s Summary of Key Provisions.
Conclusion
In summary, workplace harassment can have serious consequences, but by understanding what harassment is, and implementing strong prevention and response strategies, businesses can foster safer, more respectful environments. Taking proactive steps not only protects employees but also strengthens company culture and compliance. If you need assistance in creating a harassment-free workplace, contact us today. Don’t forget to subscribe to our monthly newsletter for essential HR updates and resources.
