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: From government to entertainment to Fortune 500 companies to the media to the halls of Congress, it seems that sexual harassment has become an even greater risk for employers as the issue has boiled up and come to the forefront in recent months particularly with the #metoo and #timesup movements. In fact, states such as California and New York as well as localities such as New York City have enacted aggressive legal measures meant to combat sexual harassment in the workplace and to increase transparency around the issue. Therefore, it is critical for an employer to understand that it must work to eradicate sexual harassment and all forms of harassment based on any protected class from the workplace because the employer has so much at stake. It is important to hold all individuals in the organization to the same standards of conduct and make sure that no one — not a manager, supervisor or owner — should be provided with special treatment. It is no longer possible to maintain a culture of silence and complicity and there must be a cultural shift in recognizing that there is no place for harassment at work.
Author: Beth P. Zoller, JD, Legal Editor
Updated to include amendment prohibiting discrimination based on reproductive health decisions, effective July 2, 2019.
Updated to reflect whistleblower protections in the federal Taxpayer First Act, an amendment prohibiting discrimination based on reproductive health decisions in Hawaii, amendments to medical marijuana law in New Jersey and amendments regarding service animals in Rhode Island.
Updated to include the forthcoming Oregon Workplace Fairness Act.
Updated to include forthcoming sexual harassment prevention training requirements under the Act Combatting Sexual Assault and Sexual Harassment.
Updated to include forthcoming Act Combatting Sexual Assault and Sexual Harassment.
Update to reflect law limiting the use of confidentiality agreements, effective July 1, 2019.
HR guidance on preventing and responding to workplace harassment, including instituting a policy, providing training to employees and supervisors, and immediately investigating harassment complaints.