Workplace Harassment: Employer Liability and Employee Recourse
Workplace harassment is a serious issue that affects many individuals in the workforce. According to a survey by the Equal Employment Opportunity Commission (EEOC), nearly one-third of all workplace harassment complaints filed in 2019 involved sexual harassment. Not only can harassment create a hostile work environment, but it can also lead to financial, emotional, and psychological harm for the victim. Therefore, it is crucial for employers to understand their legal obligations and for employees to know their rights when it comes to workplace harassment. In this article, we will dive into the topic of workplace harassment, the responsibilities of employers, and the recourse available for employees who have experienced harassment.
Defining Workplace Harassment
Workplace harassment is defined as any unwelcome conduct based on an individual’s protected characteristics that create a hostile or offensive work environment. These protected characteristics include race, religion, sex, national origin, age, disability, or genetic information. While most people associate workplace harassment with sexual harassment, it can take many forms, including verbal or physical harassment, intimidation, or ridicule. It can also occur through the use of technology, such as sending offensive emails or messages, and can happen to anyone, regardless of their position within a company.
Employer Liability for Workplace Harassment
Employers are responsible for preventing and addressing workplace harassment. Under Title VII of the Civil Rights Act of 1964, employers can be held liable for acts of harassment committed by their employees, including supervisors, managers, and colleagues, if they knew or should have known about the harassment and failed to take appropriate action to stop it. In other words, employers have a legal duty to provide a workplace free from harassment and discrimination.
Furthermore, employers can also be held liable for third-party harassment, such as harassment by customers or clients, if they are aware of the harassing behavior and fail to take action to prevent it. This is especially relevant in industries where employees have frequent interactions with clients or customers, such as hospitality or customer service.
Employee Recourse for Workplace Harassment
If an employee has been harassed in the workplace, they have the right to take legal action against their employer and the harasser. The first step is to report the harassment to the appropriate person within the company, such as a supervisor, human resources representative, or a designated complaint person. Employers are required to have a formal complaint process in place for employees to report harassment.
If the employer fails to take appropriate action or the harassment continues, the employee can file a complaint with the EEOC. The EEOC will investigate the complaint and may take legal action on behalf of the employee if they find evidence of harassment.
In addition to legal recourse, employees may also have access to support systems provided by their workplace, such as counseling services or employee resource groups, to help them cope with the effects of harassment. Seeking support from friends and family, as well as practicing self-care techniques, can also be helpful in dealing with the emotional toll of workplace harassment.
Preventing Workplace Harassment
The best way for employers to minimize their liability and create a safe and inclusive workplace is by implementing preventative measures to prevent harassment from occurring. This includes developing and enforcing anti-harassment policies, providing training for employees and management, and promptly addressing any complaints of harassment. Employers should also foster a culture that encourages reporting of harassment and takes swift action to investigate and address such complaints.
Employees also have a responsibility in preventing workplace harassment. Making inappropriate comments or engaging in any form of harassment can result in disciplinary action, up to and including termination of employment. Additionally, employees should be aware of their rights and be comfortable reporting any incidents of harassment.
Conclusion
Workplace harassment can have severe consequences for both employees and employers. It not only violates an individual’s rights but also creates a hostile and unproductive work environment. Employers must take appropriate steps to prevent and address workplace harassment, and employees must be aware of their rights and feel empowered to report any incidents. By working together, we can create a safe and inclusive workplace for all.
