A harassment policy informs workers on what is and is not permitted. Here’s what you should include in yours, as well as an interview to get you started.
Harassment, like a virus, is subtle yet potentially lethal in the workplace. When harassment is allowed to grow, it may lead to feelings of shame, rage, resentment, and a harsh working culture. It may not always be obvious, but if you suspect an event or hear of conduct that seems to be bullying, sexual, emotional, or other harassment, you must respond swiftly and firmly. Lawsuit is just one effect of workplace harassment. Your company’s image may suffer as well.
How can workplace harassment be avoided? If your company does not have a harassment policy, just complete this easy step-by-step interview. We’re here to assist you.
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Labor Regulations and the Workplace
Workers have the legal right to work in an atmosphere free of discrimination based on their race, religion, gender, or other relevant traits. Unless the harassment is serious and recurring, the law does not normally identify emails, gestures, or jokes as harassment.
Workplace harassment is considered a type of employment discrimination by the federal government, and it violates Section VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990. (ADA).
The Equal Employment Opportunity Commission lists the following instances of workplace harassment:
Inappropriate jokes, insults, epithets, or name calling
Threats or physical attacks
Threatening, ridiculing, or mocking
Insults or slurs.
Objects or images that are offensive.
Interfere with job performance.
According to the EEC, the victim does not have to be the person harassed; anybody impacted by the objectionable behavior may be deemed a victim. Therefore, a victim does not have to suffer pecuniary harm for an act to be termed harassment.
How to Handle Workplace Harassment
When you, as an employer, become aware of suspected workplace harassment, you must act swiftly and in accordance with the law and business policy. Managers and supervisors should already be educated in identifying and dealing with this problem. The American Bar Association provides the following recommendations for employers:
Managers and supervisors should not attempt to investigate complaints unless specifically appointed to do so. If not, submit the complaint to the relevant corporate official, such as the human resources director, personnel manager, etc.
To assist preserve neutrality in situations of alleged sexual harassment, make sure the lead investigator is of the same gender as the victim.
Upon the filing of a complaint, the designated investigator should request a detailed narrative of the events surrounding the complaint, including the date, approximate time of the occurrence, location, workers involved, witnesses, specific nature of the incident, and any additional remarks.
The investigator should only ask inquiries that need accurate facts. According to the ABA, your investigator should only write down verifiable factual data, avoiding mental impressions, inferences, or guesswork.
You should also consider hiring a lawyer to assist you in developing your harassment policy.
Harassment in the Workplace and Its Consequences
The employer is ‘automatically accountable for harassment by a supervisor that results in a negative employment action like as termination, refusal to promote or hire, and loss of salary,’ according to the EEC.
However, if a supervisor’s harassment creates a hostile work environment, you as the employer can avoid liability only if you can demonstrate that your company’reasonably attempted to prevent and promptly correct the harassing behavior,’ and that your employee ‘unreasonably failed to take advantage of any preventive or corrective opportunities’ you provided.
According to the EEC, you are accountable for harassment by non-supervisory workers or non-employees over whom you have authority, such as independent contractors or consumers on site, if you knew or should have known about the harassment and failed to take prompt, suitable action.
Avoiding Harassment in the Workplace
You may assist avoid workplace harassment and discrimination by training and educating leadership and workers on labor laws. Other methods to minimize harassment and enhance health and safety include:
Make it clear to staff that you will not accept any type of unwanted harassment.
Provide instances of what constitutes and does not constitute harassment.
Clearly describe what the law says regarding employment discrimination and what sanctions may apply.
Create a complaint or grievance procedure.
Establish a climate in which workers feel comfortable raising problems and having them handled.
When signing a harrassment policy, ensure that workers understand it.
Discrimination in the workplace is no longer tolerated.
Come-ons and racist insults are no longer accepted as part of the work. No one should be subjected to workplace harassment. Unfortunately, such disrespectful conduct persists.
Employers must take appropriate efforts to teach managers, supervisors, and workers on employment laws, how to spot workplace harassment, how to react to it, and the procedures in place to deal with such complaints.
