Work-Environment Harassment
Issue #73
September, 29, 2008
When the subject of workplace harassment is brought up, it usually focuses on sexual harassment as this is the type most often seen in the news. The fact of the matter is that both federal and state laws include numerous basis for harassment violations, and employers need to be aware of these as well as their responsibilities for avoiding problems.
Federal Law
The federal Equal Employment Opportunity (EEO) Law states that in any aspect of employment, harassment on the basis of any of the following is prohibited:
• Race
• Color
• Religion
• Sex
• National Origin
• Disability
• Age
State Law
• Ancestry
• Religious Creed
• Denial of Family & Medical Leave
• Marital Status
• Medical Condition
• Sexual Orientation
In addition, any discriminatory practices are also prohibited by these laws.
Employer Responsibility
These laws further state that an employer is liable for unlawful harassment if the entity, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
Employers can prevent harassment in the workplace by taking these steps:
• Establish an effective written policy against harassment. • Widely distribute the written policy among all employees. • Provide training to supervisors on preventing harassment and properly following complaint procedures. • Train non-supervisory employees on your harassment policy and the procedures to follow if they experience harassment. • Enforce the policy effectively by expeditiously investigating and addressing complaints of harassment. • Document investigations of complaints and any employee's failure to take advantage of the employer's policy.
By taking these steps you will be able to proactively manage the risks, and liabilities, associated with these laws.
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Kempkey Insurance Services goes beyond insurance by designing and implementing risk management programs for growth oriented businesses. We help our clients maximize the value of their insurance dollars and minimize their potential for unwanted surprises. Ed Kempkey can be contacted at (888) 536-7539 extension 2188, or at ed@kempkey.com.