Harassment Issues in the Workplace
When an employee is discriminated against by a co-worker or supervisor because of his race, color, age, sex, religious beliefs, disability or nationality, it is considered harassment and is against the law. Harassment in the workplace can be brought to the attention of the U.S. Equal Employment Opportunity Commission. Technically, harassment breaks the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. It is a serious issue and must be treated as such by all employers across the nation.
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Definition
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The Equal Employment Opportunity Commission defines harassment as "unwelcome conduct" that is based upon any personal characteristics stated above. It becomes a federal offense when the employee is forced to endure the harassment or face job termination, or when the harassment becomes so extreme that the person being harassed feels uncomfortable or unsafe in the workplace environment. Other laws also make it unlawful for an individual to harass an employee because he has filed a harassment lawsuit against the company or has provided testimony as a witness to harassment in the workplace.
Types
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Harassment is not limited to sexual bias, which is the type that most people think of when hearing the term "workplace harassment." In addition to sexual harassment, there are other forms that, if taken too far, can be qualified as illegal. These include offensive jokes, racial slurs, name calling, assault, threats, intimidating gestures, insults, offensive images or objects, inappropriate singling out or ridicule of an individual, and obstructing an employee from performing his job.
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Circumstances
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Harassment can occur in many different situations. The person doing the harassing can be a co-worker, a supervisor or other person in a high position, a sub-contractor of the company, or a customer or visitor to the business. The harasser's conduct can make anyone in the workplace feel uncomfortable or offended, not just the employee receiving the brunt of the harassment. An employer cannot fire, lay off or dock the pay of any employee who has been harassed and may decide to file a formal complaint.
Employer Liability
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It is an employer's responsibility to create a safe, comfortable working environment for its employees. An employer is automatically considered liable for any harassment issues involving unlawful conduct by a supervisor. Employers are liable for other harassment circumstances if it can be shown that they were aware of the harassment and did nothing about it. The only way for employers to not be held responsible is to prove that they actively worked to prevent, investigate and reasonably reconcile the particular incident in question, or if it is proved that the employee was notified and decided not to follow the proper harassment policy and procedures.
Prevention/Solution
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Employers must implement strict procedures to prevent harassment from occurring within the workplace. They should compile a company harassment policy, stress to all employees the severity of harassment and that it will not be tolerated in the workplace, provide harassment prevention training for employees and management positions, and thoroughly investigate and take seriously any harassment complaints that are filed with the company. These actions will result in a happier work environment, as well as avoid costly legal fees from being brought against the company because of a harassment lawsuit.
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