Since the #MeToo movement pushed workplace harassment into the national spotlight, employers have become more aware of their obligations to maintain respectful, inclusive work environments.
But sexual harassment isn’t the only concern. Today, harassment can take many forms—and failing to recognize or address it can damage your culture, reputation and bottom line.
There are many reasons employers should be vigilant about ensuring their companies are harassment-free zones. Harassing conduct, left unchecked, gives rise to a hostile and intimidating work environment that wrecks employee morale, damages company culture and brand reputation, reduces productivity and makes it harder to recruit top job candidates.
In a broad sense, workplace harassment is any behavior that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) or the Americans with Disabilities Act (ADA).
More specifically, the Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome verbal or physical conduct based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40 or older), disability or genetic information.
Employers should be on the lookout for all forms of harassment, including:
Overly authoritative behavior, excessive micromanagement, shouting, swearing, threatening conduct or humiliating treatment.
Excessive teasing or belittling an employee in front of others.
Unwanted physical contact, inappropriate jokes or comments, suggestive remarks, requests for sexual favors in exchange for workplace benefits or sharing explicit content.
Any form of physical violence, including hitting, pushing or physical intimidation.
Name-calling, insults, public humiliation, peer pressure or deliberate exclusion.
Slurs or derogatory remarks related to race, age, disability, religion, national origin or any other protected characteristic.
RELATED: Workplace Sexual Harassment Investigation - 13 Steps >>
In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII protections extend to sexual orientation and gender identity. That means any harassment based on an individual’s LGBTQ+ status may be considered unlawful under federal law.
For example, repeatedly and intentionally misgendering an employee or refusing to use the name and pronouns they identify with may constitute harassment. Employers must update policies and training programs to reflect these protections.
RELATED: Social Media Harassment in the Workplace and Employer Liability >>
If you observe harassment or receive a report from an employee, it’s critical to act quickly. Conduct a prompt, thorough and impartial investigation.
Consider involving your HR team or a third-party HR partner like Axcet HR Solutions to ensure the process is fair and well-documented. Legal counsel may be appropriate in more complex cases.
The best way to address harassment is to prevent it from taking root. Employers can foster a safe, inclusive workplace by:
Modeling respectful behavior from leadership
Establishing and enforcing clear, written anti-harassment policies
Training all employees, especially supervisors, to recognize and report harassment
Encouraging a speak-up culture where concerns can be shared without fear of retaliation
RELATED: Is Your Anti-Harassment Policy Effective in the Eyes of the EEOC >>
Harassment isn't always obvious—and it’s not limited to sexual misconduct. From verbal abuse to intimidation and retaliation, employers have a responsibility to recognize, prevent, and address all types of harassment in the workplace. A strong policy, consistent enforcement, and informed leadership are key to building a safe, respectful environment.
Axcet HR Solutions’ employee relations consultants provide the expert support you need to manage risk, stay compliant, and foster a culture of accountability.
Learn how our employee relations services can help protect your people and your business.
.png){kind=logo}
Let us know what you think...