According to the EEOC's most recent report, over one-third of employment discrimination charges have included the allegation of unlawful harassment based on protected classes (see below). These numbers indicate that many people (and probably more than the numbers show) are experiencing discriminatory and unlawful harassing conduct at work.
The EEOC has recently published a new guidance on harassment in the workplace. The guidance does not have the force of law, but it is the EEOC's position on this issue. It is meant to serve as a resource for employers, employees, practitioners, EEOC staff, others who investigate, adjudicate or litigate, and the courts. In other words - anyone and everyone involved in employment!
What is harassment?
"Conduct that can, but does not necessarily always, constitute or contribute to unlawful harassment, including a hostile work environment. Not all harassing conduct violates the law, even if it is because of a legally protected characteristic. As discussed throughout this guidance, whether specific harassing conduct violates the law must be assessed on a case-by-case basis." For additional information, see Enforcement Guidance on Retaliation and Related Issues | U.S. Equal Employment Opportunity Commission.
The guidance explains how to evaluate if it violates federal laws, and must be based on an employee's legally protected characteristic:
- Race
- Color
- National Origin
- Religion
- Sex (including pregnancy, childbirth, or related medical conditions; sexual orientation; and gender identity)
- Age (40 and over)
- Disability
- Genetic Information
This is definitely NOT light reading. But the importance of educating EVERYONE in the workplace to this issue cannot be overstated. The entire office/business/corporation, no matter the size, has a responsibility to know the laws and to ensure that no one is breaking the law or that no one is experiencing discrimination.
What are some steps employers can take to prevent harassment?
- have a clear, easy-to-understand anti-harassment policy that is understood by its workforce;
- have safe and effective procedures that employees can use to report potential harassment, including more than one option for reporting;
- provide training to all employees, including supervisors and managers, about the company’s anti-harassment policy and complaint process; and
- take steps to ensure the anti-harassment policy is followed consistently and the complaint process is working.
Learn more about this subject here:
- Select Task force on the Study of Harassment in the Workplace
- Real People/Real Lives
- Harassment FAQs | U.S. Equal Employment Opportunity Commission
- Harassment Policy Tips | U.S. Equal Employment Opportunity Commission
- Nature’s Herbs & Wellness Center to Pay $95,000 In EEOC Disability And Retaliation Case | U.S. Equal Employment Opportunity Commission
- Increasing Rates of EEOC Retaliation Complaints Impacts Disability Rights | Rocky Mountain ADA