Overview: In addition to sexual harassment in the workplace, federal law as well as most state law prohibits harassment against an individual based on his or her membership in a protected class. Therefore, individuals are protected from harassment based on race, national origin, religion, etc. Harassment may take the form of using insulting epithets, slurs or negative stereotypes; making rude and offensive jokes; threatening, intimidating or hostile acts; or written and graphic material such as cartoons that insult a particular individual or group based on that individual's or group's protected class.
To eliminate workplace harassment, employers should have a policy in place that strictly prohibits harassing behavior of any kind. All employees and supervisors should be provided with training on the policy. Further, employers should designate a multichannel reporting system to allow employees to bring workplace harassment complaints to the employer's attention. Further, employers should immediately respond to any complaints of harassment by investigating the matter and taking corrective action.
Trends: The EEOC has identified preventing harassment through systemic enforcement as well as targeted outreach and education efforts as one of its priorities in the most recent Strategic Enforcement plan. As such, there are significant number of harassment lawsuits being brought by the EEOC as well as individuals based on race, age, religion etc. As the workplace becomes more diverse, this has led to an increase in harassment suits of all kinds.
In 2017, the EEOC proposed updating its enforcement guidance with respect to preventing and addressing harassment. The proposed guidance uses a broad definition of harassment and encourages management to lead by example and set the tone for a workplace where there is zero tolerance for harassment. Additionally, it advises employers to develop, implement and enforce harassment policies, institute multi-channel complaint procedures, and provide comprehensive and interactive antiharassment training.
Author: Beth P. Zoller, JD, Legal Editor
Updated to include forthcoming law regarding gender identity protections.
Updated to reflect amendments to state sexual harassment prevention law.
Updated to reflect law limiting the use of nondisclosure agreements for certain claims, effective June 7, 2018.
Veteran employment attorneys Robin Shea and John MacDonald of Constangy, Brooks, Smith & Prophete, answer all of those questions and more, so that your company's harassment training "exceed expectations" in this #MeToo era.
Updated guidance to include forthcoming New York City and state sexual harassment laws.
HR guidance on preventing and responding to workplace harassment, including instituting a policy, providing training to employees and supervisors, and immediately investigating harassment complaints.