In the Workplace

Harassment Issues

April 2002

G. Michael Payton, Executive Director
Ohio Civil Rights Commission

Michael C. Fetzer, Director
U.S. Equal Employment Opportunity Commission
Cleveland District Office

Did you know that education and prevention are the most effective and inexpensive ways to deal with the complexities of today's workplace relationships? Workplace harassment based on age, race, sex, color, national origin, religion or disability forms the basis for many charges of employment discrimination filed with the U.S. Equal Employment Opportunity Commission and the Ohio Civil Rights Commission. The vast majority of these charges involve events and potential liability which could have been easily avoided if managers had taken a few preventive measures.

Workplace harassment is unlawful. While anti-harassment laws are not general civility codes for the workplace, they are based on common respect principles that make work life better for everyone. Harassment often takes the form of hostile or intimidating comments, slurs or actions, foul language, jokes or teasing, innuendo, pressure for dates or sexual favors, hazing, pranks, ostracizing, and even physical assaults. Although many employers are concerned about the costs associated with litigation of workplace harassment issues, increasing numbers of progressive employers and individuals are more concerned about the real and often hidden costs of harassment to the employer, employees and the community. These costs include low employee morale and productivity, employee turnover, recruiting difficulties, damage to reputations, individual harm, and negative publicity and damaged image for the affected company or organization.

The good news is that workplace harassment-and its many costs-is almost entirely preventable.

Under the law, an employer is responsible for the acts of its supervisors, and employers and employees alike are encouraged to prevent harassment and to avoid or limit the harm from harassment. In fact, an employer who takes reasonable steps to prevent harassment and who responds appropriately when harassment occurs can avoid or limit liability for most harassment incidents. An effective policy against all forms of unlawful workplace harassment is often enough to prevent most problems and minimize or eliminate employer liability. An effective anti-harassment policy emphasizes basic respect principles and specifically prohibits sexual harassment and harassment based on age, race, sex, color, national origin, religion or disability, as well as any other form of harassment prohibited by local laws. It provides for confidential complaint procedures which all employees must be encouraged to use. The policy should be designed to encourage victims or witnesses of harassment or discrimination to come forward, and should identify the specific managers or supervisors to whom complaints or concerns should be presented. The policy should provide for alternative avenues of reporting in case a manager or supervisor is the alleged harasser. It is very important that the policy identify the specific types of workplace conduct that are prohibited. The policy should make it clear that all complaints of harassment will be taken seriously, and that investigations will be prompt, thorough, and as confidential as possible.

An effective policy states in clear language that the employer will not tolerate any type of retaliation against persons who make complaints or cooperate in investigations. The policy also should advise that any employee violating the policy will be subject to disciplinary action, up to and including termination. Make sure that the written policy is in understandable language and is not too lengthy to be useful to employees. An unread policy is not effective!

Even a carefully worded policy can be useless if not properly implemented. Where do most organizations fall down? A big problem is that managers don't give the policy the attention that other important company policies receive. In too many cases, the anti-harassment policy is mentioned only once a year when top management circulates a memorandum to staff expressing commitment to equal employment opportunity principles. We all know that managers talk to staff often about the productivity, attendance and customer service policies that are important to the organization, and their actions reflect support of these policies. If management doesn't talk to employees and provide training on the anti-harassment policy, employees may have wrong ideas about what constitutes appropriate workplace behavior.

Another common problem is that first-line supervisors--often closely aligned with the employees they supervise--fail to recognize harassment or fail to take appropriate preventive and corrective action. They ignore situations or hope the problem will go away on its own. They don't want to deal with potentially sensitive or awkward situations. Supervisors must be made to recognize their unique role in preventing and correcting workplace harassment. Require them to report all potential or real problems, and train them to deal with the situations they will encounter. Do your supervisors and managers know what to do if an employee complains about harassment but requests that the supervisor/manager take no action? What action should the supervisor take if he or she witnesses harassment but no one has complained about it? Many supervisors and managers need training for the answers to these questions. The investment in training is an insignificant cost when compared to the expense of a hostile work environment and even one lawsuit.

Supervisors are important role models for all staff. Employers should evaluate supervisors' performance with specific attention to the actions they take to prevent harassment and promote equal employment opportunity and a level playing field in the workplace. Be sure that harassment complaints are thoroughly investigated, and that any corrective actions fix the problem and are likely to discourage future problems.

Finally, employees who present harassment complaints should always be advised of the results of the employer's investigation and any corrective action. Without this information, employees cannot know whether the employer took their complaint seriously and whether the anti-harassment policy is effective.

Preventing harassment is good business for everyone and helps to ensure the freedom to compete in the workplace. For more information on this or other employment issues, contact the EEOC Cleveland District Office or the Ohio Civil Rights Commission, or visit their websites at http://www.eeoc.gov or http://www.state.oh.us/crc/