The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance for preventing workplace harassment. Although the report was aimed at preventing harassment in the federal sector, the EEOC explicitly states that the practices detailed can also benefit private employers.
Understanding Harassment
Workplace harassment is a form of employment discrimination. It’s illegal under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. According to the EEOC, workplace harassment occurs when an employee is subjected to unwelcome or offensive conduct based on a protected characteristic that is severe or pervasive enough to create a hostile, abusive or intimidating work environment or when enduring improper conduct is a condition of continued employment.
Employees are legally protected against harassment based on race, color, religion, gender (including pregnancy, sexual orientation and gender identity), national origin, older age (beginning over 40), disability and genetic information. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge; testifying or participating in any investigation, proceeding or lawsuit under discrimination laws; or opposing employment they reasonably believe to be discriminatory.
Impact of Workplace Harassment
Workplace misconduct, including harassment and discrimination, can damage an employer’s reputation, decrease employee morale and ultimately impact an employer’s bottom line. It may increase employee turnover and harm employee productivity and mental health in addition to increasing the number of lost workdays. According to workplace misconduct reporting organization Vault Platform, workplace misconduct cost U.S. businesses $20.2 billion in 2021. The organization also found that harassment was the most common type of misconduct, with 26% of employees saying they had experienced harassment at some point in their careers.
Preventing Workplace Harassment
Private employers who follow the recent EEOC guidance for preventing workplace harassment are less likely to experience employee turnover and lose revenue over workplace misconduct. This guidance can also help employers reduce legal risks, improve compliance efforts, and help employers be better prepared to defend themselves if harassment claims arise.
The EEOC guidance includes four categories for preventing harassment: leadership and anti-harassment policies, programs and training. Each of these categories plays an essential role in how employers can prevent harassment in the workplace.
1. Leadership
Organizational leadership plays a crucial role in preventing harassment. Managers and supervisors must be clear and consistent that harassment and other workplace misconduct won’t be tolerated and will be dealt with quickly and fairly. The EEOC encourages leaders to help prevent workplace harassment with the following actions:
- Issue and distribute anti-harassment policy statements. Post these statements where all employees can see them.
- Assess harassment risk factors (e.g., lack of diversity) and take steps to eradicate them.
- Use climate and exit surveys to understand the prevalence of harassment and other misconduct in the workplace.
- Evaluate and improve the response to harassment allegations, including online documentation of all complaints and a commitment to quick and thorough investigations.
- Create performance metrics on harassment prevention and response for managers and supervisors.
2. Anti-harassment Policies
Employers should create and distribute anti-harassment policies that are comprehensive and easy to understand. In addition to helping prevent workplace harassment, this can help employers reduce liability if an employee files a harassment charge or lawsuit. An effective anti-harassment policy should do the following:
- Define harassment and prohibited workplace conduct.
- Explain how employees can report harassment.
- State that corrective action will be taken to prevent or address misconduct.
- Assure employees their identities will be kept confidential as much as possible.
- Restate an employer’s commitment to prompt, thorough investigations beginning within 10 days of when the employer became aware of the issue.
- Promise that there will be prompt and fair consequences for employees who violate anti-harassment policies.
3. Anti-harassment Programs
An anti-harassment program is essential to ensure that anti-harassment policies are upheld. Such programs should reinforce the internal commitment to creating a harassment-free workplace. The EEOC recommends that employers use their anti-harassment programs to:
- Create avenues for anonymous reporting through multiple channels.
- Ensure reports of harassment are well documented with an online tracking system.
- Communicate with upper management about program needs, such as funding and other resources.
- Analyze trends in harassment complaints.
4. Anti-harassment Training
Training is crucial to ensure all employees and managers understand what harassment is and how to prevent it. Here’s how employers can create successful anti-harassment training:
- Provide widely accessible training.
- Require anti-harassment training for both supervisors and employees.
- Provide examples of workplace harassment and misconduct.
- Encourage employees to report misconduct and harassment early.
- Ensure every employee knows how to report harassment.
Conclusion
Workplace harassment can have a detrimental impact on employees’ productivity and mental health. It may also increase employee turnover, lost workdays and legal liability. Employers who implement the EEOC’s proactive strategies to eliminate workplace harassment are less likely to experience the negative ramifications of unlawful harassment.
To protect your employees and your livelihood, and to explore how your business can benefit from Employment Practices Liability Insurance coverage, contact Deeley Insurance Group today.
