Harassment is unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information. Employers must be concerned with harassment because it can be a form of employment discrimination in violation of the Civil Rights Act, Age Discrimination in Employment Act or Americans with Disabilities Act.
While harassment is unwelcome, it can also be unlawful in certain circumstances. It is unlawful when (a) enduring the offensive conduct is a condition of continued employment or (b) the conduct is severe enough to create a work environment that is intimidating, hostile or abusive to a reasonable person.
Employers can be responsible for harassment by supervisors that results in a negative employment action. An employer can also be responsible for harassment by co-workers or non-employees over whom it has control if it knew or should have known about the harassment and failed to take prompt corrective action.
A victim does not have to be monetarily hurt to be the subject of harassment, nor does the victim have to be the one actually harassed. The victim is someone who is affected by the offensive conduct.
The U.S. Department of Labor suggests prevention as the best tool to eliminate workplace harassment. Prevention incudes implementing a complaint or grievance process, providing anti-harassment training to employees, and taking appropriate action when an employee complains of harassment.
Employers should consider harassment training and implementing policies to address potential harassment in the workplace.
