Harassment is a form of discrimination based on a protected class that is prohibited by law.
Harassment in the workplace has seen a renewed focus because the list of protected classes has expanded and technology such as social media and smart phones has created more channels for potential abuse.
Many business owners do not realize that harassment policies apply to not only employees, but also to customers, vendors and others that we interact with inside and outside of work.
Here in Massachusetts, as in many other states, protected classes include:
Harassment in the workplace is illegal and your business may be subject to a lawsuit if unwelcome conduct:
According to the EEOC:
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”
Read more about harassment from the Equal Employment Opportunity Commission.
In Massachusetts, companies with six (6) or more employees are required to have a written non-harassment policy and are required to disseminate it at hire and once annually.
Sexual harassment is the most common form of harassment.
Example: Mary Jones is demoted because she refused to go out with her supervisor, James Smith.
Similar actions and behaviors based on the other protected classes are also harassment. Although sometimes subtle, it remains important to be on the lookout for these types of activities:
It should be noted that an employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment, and failed to take prompt and appropriate corrective action.
What can the business owner, HR or payroll professional do to guard against harassment in your workplace?
This was originally published on the MassPay blog.
