Workplace Harassment

Sample Policy
Sexual harassment: only one form of harassment under EEOC guidelines
The harasser isn’t always a manager
Risk factors for harassment according to the EEOC
EEOC and Department of Labor on Harassment
HR Web Café
Legal & HR Expert Blogs
Articles from other publications

Sample Policy

Note: This is a sample policy. Every employer should review all formal policies with counsel to assure conformance with all relevant legislation.

Sexual harassment: only one form of harassment under EEOC guidelines

With all the recent headlines on sexual harassment in the news, it’s important for employers to dispel the misconception that harassment is synonymous with sexual offenses. There are many more forms of workplace harassment that can create a hostile workplace than those of a sexual nature. As defined by the Equal Employment Opportunity Commission (EEOC):
“Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.”

The harasser isn’t always a manager

It’s also important for employers to remember that harassment charges are not simply levied against senior executives and managers. That’s another common misconception. EEOC says that:

The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
Unlawful harassment may occur without economic injury to, or discharge of, the victim.

Risk factors for harassment according to the EEOC

The EEOC report offers Risk Factors for Harassment, a list of 12 common risk characteristics and their definitions. EEOC also provides a Chart of Risk Factors & Responses. Here’s an outline of those risk factors:

Homogeneous workforces
Workplaces where some workers do not conform to workplace norms
Cultural and language differences in the workplace
Coarsened social discourse outside the workplace
Workforces with many young workers
Workplace with “high value” employees
Workplaces with significant power disparities
Businesses that rely on customer service or customer satisfaction
Work environments where work is monotonous or consists of low-intensity tasks
Isolated workspaces
Workplace cultures that tolerate or encourage alcohol consumption
Decentralized workplaces

EEOC and Department of Labor on Harassment

EEOC: Harassment – Overview, Laws, Regulations, Guidance, Memoranda of Understanding, Discrimination by Type, Prohibited Practices

EEOC: Select Task Force on the Study of Harassment in the Workplace – Recommendations for employers, June 2016

EEOC: Checklists for Employers

EEOC: Risk Factors for Harassment also in Chart format

U.S. Department of Labor: What do I need to know about…Workplace Harassment