Workplace Policies ...
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General harassment claims are as serious as sexual harassment. Biases can easily result
in the exclusion of a co-worker or create favoritism for similarly minded employees.
Managers should not tolerate harassment and should take steps to counsel individuals
who display signs of discriminatory behavior based on race, ethnicity, disability or religion.
Discrimination based on religion can be particularly difficult to
handle; it is often visually indiscernible, and co-workers may feel
Demonstrating and reminding workers of the
they have religious superiority or no reason to be considerate of
severity of harassment can keep adverse actions
another person’s beliefs.
Workers should feel that they can report harassment without
from occurring and can demonstrate in court
any threat of repercussion. At least two channels for reporting
managers made genuine preventive efforts.
harassment should be set up for situations where one is
compromised or directly connected to the harassment. If
employees do not feel they can report harassment safely, managers may not be aware there
is a problem until litigation for a hostile work environment and negligent management is
filed. Workers should be trained to recognize harassment of co-workers and be instructed
to treat offenses seriously.
that
Employers can be held liable for harassment that happens outside the workplace. Job-
sponsored events are often considered as being under a company’s liability. Although
harassment completely outside of any work-related functions is not the company’s
responsibility, employers should be open to receive reports of any harassment incidents
between two employees and speak with the offending party. While an employer cannot
reprimand employees for actions performed in their free time, he or she can remind them
of the company’s no-tolerance policy for similar actions in the workplace and, if necessary,
separate the employees involved in the situation.
An employer can take proactive steps to help prevent harassment and negligence
litigation, which includes employee training, signed documentation of the training, and an
agreement of understanding and willingness to comply with company standards. Training
should happen on a regular basis, not just when employees are hired. Demonstrating and
reminding workers of the severity of harassment can keep adverse actions from occurring
and can demonstrate in court that managers made genuine preventive efforts.
Necessities of a Harassment Suit
While it is difficult to eliminate the possibility of individual acts of harassment, an isolated,
uncharacteristic action by a single employee is not likely to result in a lawsuit against the
entire company. Noncriminal harassment from a co-worker is not grounds for a lawsuit;
harassment claims typically target the employer.
Handbook policies and managers are representatives of a company and its culture. If
either causes an employee to be ignored, punished or fired for a “protected attribute,”
it will be viable grounds for a harassment case. To minimize this risk, companies must
have trustworthy individuals in positions of authority and establish clear, unbiased
handbook policies.
Cases of hostile work environments are easier for employers to avoid. Employees claiming
a hostile work environment typically must show that harassment 1) occurred repeatedly,
(See Workplace Policies on page 7)
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