ADAPT AND LEAD
Employers are liable for harassment by a supervisor that results in a negative employment action( e. g., termination, failure to promote or hire, and loss of wages). If the supervisor’ s harassment results in a hostile work environment, the employer is liable unless the employer can prove that:
• The employer reasonably tried to prevent and promptly correct the harassing behavior; and
• The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
Employers may also be liable for harassment by nonsupervisory employees or nonemployees over whom they have control if they knew, or should have known, of the harassment and failed to take prompt and appropriate corrective action.
Sexual Harassment
In addition, sexual harassment is prohibited under Title VII. Unlawful sexual harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such conduct:
• Explicitly or implicitly affects an individual’ s employment;
• Unreasonably interferes with an individual’ s work performance; or
• Creates an intimidating, hostile, or offensive work environment.
Sexual harassment may include unwanted sexual attention or sexual coercion( e. g., demands or pressure for sexual favors, sexual assault, or sexual remarks) as well as nonsexual conduct based on sex( e. g., sex-based epithets, sexist comments, or facially sex-neutral offensive conduct motivated by sex).
Enforcement And Penalties
Individuals alleging harassment under federal EEO laws may file a charge of discrimination with the EEOC. Under Title VII, the ADEA, the ADA, and GINA, individuals have 180 days from the date the alleged harassment took place to file a charge with the EEOC. For claims under Title VII, the ADA, or GINA, the filing deadline is extended to 300 days if a state or local agency enforces a state or local law that prohibits the same form of discrimination prohibited under those EEO laws. For claims under the ADEA, the filing deadline is extended to 300 days only if a state agency enforces a law that prohibits age discrimination.
In a harassment case, individuals may be eligible for various forms of relief, including preliminary relief, compensatory
and punitive damages, and other remedies such as back pay, front pay, or job reinstatement.
Best Practices For Responding To Internal Harassment Claims
Receive And Respond To The Complaint
Recognize the Complaint
The first step to responding to a harassment claim is recognizing that a complaint has been made. A report of harassment may be formal or informal, written or verbal, and may come directly from the complainant or indirectly through a third party. In some cases, an employer may become obligated to act even without a formal complaint if it knew or should have known about the harassing conduct( e. g., because a manager personally observed it). Employers may consider providing multiple channels through which employees can report harassment,
28 • SpectrumInsGroup. com