Keep Your Business (and Your Employees) Safe!!
It’s important for everyone to feel safe when they go to work. Federal law prohibits harassment in the workplace based on a person’s race, color, national origin, religion, or sex (including gender identity and sexual orientation).
Harassment can be in the form of either a hostile work environment or a quid pro quo. A hostile work environment occurs when harassment against an employee becomes so severe or pervasive that it creates a hostile or abusive environment. Quid pro quo harassment is typically limited to sexual harassment and happens when a supervisor or other person of authority in the company requests sexual favors in exchange for some employment benefit.
It is also illegal under federal law to discriminate against an employee or potential employee based on his or her race, color, national origin, religion, sex, age, or disability. This includes treating an individual differently because of a personal bias as well as having a facially neutral policy that has a discriminatory impact on a particular group of people.
To make sure all their employees feel safe and comfortable at work, and to avoid putting their companies at risk of lawsuits, it is important that employers create workplaces that are free of harassment and discrimination. There are a few things that all employers should do to prevent harassment and discrimination, including:
- Creating and enforcing anti-harassment and anti-discrimination policies
- Implementing reporting and discipline procedures to respond to any violations of those policies. These should include multiple available methods of reporting harassment, a requirement to investigate all complaints, and proper discipline of offenders
- Staying up to date on the continually changing harassment and discrimination laws
- Regularly reviewing company policies and practices to make sure no individual or group is unintentionally treated unfairly
- Training employees about harassment laws
Employers should also know that it is illegal to retaliate against an employee for raising a complaint or participating in an investigation of wrongful behavior.
Harassment law is simple on its face but can get very complicated in practice because of the nuances of each unique situation. That’s why it’s so important to seek legal advice early and often. A lawyer can guide companies through necessary steps to avoid harassment and discrimination at their firms, and can help employers and employees handle situations where harassment or discrimination do happen.
To schedule a consultation to review company policies and practices, or to get help if you or your company are involved in a harassment, discrimination, or retaliation claim, call Employer-Lawyer at (801) 874-4964.