Introduction
Workplace harassment is an issue that affects millions of people every year, impacting their well-being and job performance. Understanding the different forms of harassment and how to prevent them is crucial for both employees and employers. In this comprehensive guide, we’ll delve into the topic and offer actionable insights. For those interested in a deep dive, we recommend our online course on “Harassment in the Workplace,” available at ITU Online.
What is Workplace Harassment?
Legal Definition
Legally, workplace harassment is defined as any unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information. In the United States, federal laws such as Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), and Americans with Disabilities Act (ADA) govern workplace harassment.
Verbal Harassment
This includes derogatory comments, slurs, and offensive remarks. Verbal harassment can be explicit, such as name-calling, or more subtle, like veiled insults or ‘jokes’ that demean a person or a group.
Physical Harassment
Physical harassment involves unwanted physical contact, including touching, patting, or pinching. It can escalate to more severe forms like assault.
Psychological Harassment
Also known as emotional or mental harassment, this involves actions that may cause emotional harm, including intimidation, threats, and exclusion. Psychological harassment can be just as damaging as physical harassment but is often harder to identify and prove.
Cyberbullying
In the modern workplace, harassment also occurs online. Cyberbullying can include sending derogatory emails, posting humiliating content about a colleague on social media, or using technology to stalk or intimidate.
Power Dynamics
Workplace harassment often involves an abuse of power. This can occur in a hierarchical relationship where a superior harasses a subordinate, but it can also happen between colleagues or in reverse, where a subordinate harasses a superior.
Reporting and Consequences
Understanding what constitutes harassment is the first step in combating it. Most organizations have a reporting mechanism, and failure to address harassment can result in severe legal consequences for the employer and the perpetrator.
Harrassment In The Workplace Training
ITU offers a comprehensive Harrassment In The Workplace training course designed to ensure compliance with local and federal laws and regulations. Whether you are training a few or 100’s we can help you remain compliant with our training course.
Examples to Watch For
Verbal Harassment
- Offensive Jokes: Making jokes that are derogatory or demeaning.
- Name-Calling: Using derogatory names or labels to belittle someone.
- Unwanted Comments: Making unsolicited comments about someone’s appearance, lifestyle, or choices.
Physical Harassment
- Unwanted Touching: Inappropriate touching, patting, or pinching.
- Physical Intimidation: Standing too close to someone in a way that invades their personal space.
- Assault: Any form of physical violence or threat thereof.
Psychological Harassment
- Exclusion: Deliberately excluding someone from meetings or social gatherings related to work.
- Intimidation: Using one’s position or authority to intimidate or threaten.
- Public Humiliation: Criticizing or demeaning someone in front of colleagues.
Cyberbullying
- Derogatory Emails: Sending insulting or demeaning emails.
- Social Media Harassment: Posting humiliating content about a colleague on social media platforms.
- Online Stalking: Constantly checking someone’s social media profiles and making inappropriate comments.
Sexual Harassment
- Unwanted Advances: Making unwelcome sexual advances, either verbally or physically.
- Sexual Comments: Making inappropriate comments about someone’s body or appearance.
- Sharing Explicit Material: Sending or showing sexually explicit material without consent.
Discrimination-Based Harassment
- Racial Slurs: Using derogatory terms related to someone’s race or ethnicity.
- Religious Discrimination: Making fun of someone’s religious beliefs or practices.
- Ageism: Making derogatory comments based on someone’s age.
Power Dynamics
- Abuse of Authority: Using one’s position to make unreasonable demands.
- Retaliation: Taking negative actions against someone who has reported harassment.
- Favoritism: Unfairly favoring one employee over others, leading to a hostile work environment.
Company Compliance Training
Whether training a few or hundreds of employees, we have an exceptional compinace training series covering OSHA, HIPPA and Sexual Harrassment. Track, monitor and document your employees’ required training.
Assessing Workplace Harassment
Regular assessments are crucial for understanding the prevalence and types of harassment within an organization. Here are some ways to assess workplace harassment effectively:
Surveys and Questionnaires
Anonymous surveys can help gauge the level of awareness and the prevalence of harassment within the organization. These surveys can include questions that help identify the types of harassment employees have witnessed or experienced.
Reporting Mechanisms
Ensure that there are clear and confidential channels for reporting harassment. Monitor these channels regularly to assess the frequency and types of complaints.
Interviews and Focus Groups
Conducting interviews or focus groups with employees can provide qualitative insights into the work environment. These discussions can reveal patterns or specific incidents that may not be captured in surveys.
External Audits
Consider hiring an external agency to conduct an impartial assessment of harassment within the organization. This can provide an unbiased view and may uncover issues that internal assessments might miss.
Online Quizzes
Our ITU Online course on “Harassment in the Workplace” includes a quiz section that tests your knowledge on the subject and helps you assess your preparedness.
Preventive Measures
Prevention is the best way to combat workplace harassment. Here are some preventive measures that organizations can implement:
Training Programs
Regular training sessions can educate employees about the different types of harassment and how to prevent them. These programs should be mandatory for all employees, including management.
Clear Policies
Develop and disseminate a clear anti-harassment policy that outlines the types of behavior that are unacceptable. Make sure this policy is easily accessible to all employees.
Bystander Intervention
Encourage employees to speak up if they witness harassment. Bystander intervention can be a powerful tool in preventing harassment from escalating.
Open Communication
Create an environment where employees feel comfortable discussing harassment and reporting it without fear of retaliation.
Regular Monitoring
Regularly monitor the workplace for signs of harassment. This can include reviewing reports, conducting surveys, and observing employee interactions.
Legal Consequences
Make it clear that harassment will not be tolerated and will result in disciplinary action, up to and including termination and legal consequences.
Federal and State Laws on Workplace Harassment
| Jurisdiction | Laws | Reference |
|---|---|---|
| Federal | Title VII of the Civil Rights Act of 1964 | EEOC |
| Federal | Age Discrimination in Employment Act (ADEA) | EEOC |
| Federal | Americans with Disabilities Act (ADA) | ADA |
| California | Fair Employment and Housing Act (FEHA) | DFEH |
| New York | New York State Human Rights Law (NYSHRL) | NY.gov |
| New York | New York City Human Rights Law (NYCHRL) | NYC.gov |
| Illinois | Illinois Human Rights Act (IHRA) | Illinois.gov |
| Texas | Texas Labor Code Anti-Discrimination Provisions | Texas.gov |
| Massachusetts | Massachusetts Fair Employment Practices Law | Mass.gov |
Conclusion
Workplace harassment is a serious issue that requires collective effort to eradicate. Understanding its types, recognizing the signs, and taking appropriate action are crucial steps in combating this problem. For a more in-depth understanding, consider enrolling in our online course at ITU Online.
Frequently Asked Questions About Workplace Harassment
What constitutes workplace harassment?
Workplace harassment is any unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information. It can take various forms, including verbal, physical, psychological, and cyberbullying. The behavior often involves an imbalance of power and creates an intimidating, hostile, or offensive work environment.
How can I report harassment in my workplace?
Most organizations have a formal reporting mechanism, usually involving Human Resources. You can report harassment by submitting a written complaint or speaking directly with an HR representative. It’s crucial to provide as much evidence as possible, such as emails, text messages, or witness statements, to support your case.
What are some examples of verbal harassment?
Verbal harassment can include offensive jokes, name-calling, and unwanted comments about someone’s appearance, lifestyle, or choices. It can be explicit, like derogatory names, or more subtle, like veiled insults or demeaning ‘jokes.’
What preventive measures can organizations take to combat workplace harassment?
Organizations can implement regular training programs, develop clear anti-harassment policies, and establish confidential reporting mechanisms. They can also encourage bystander intervention and create an environment where employees feel comfortable discussing harassment without fear of retaliation.
Are there any laws governing workplace harassment?
Yes, in the United States, federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) govern workplace harassment. Many states also have additional laws that provide further protections.
