Many organizations understand that they are subject to federal and state anti-discrimination laws and have a genuine desire to implement policies that reduce the likelihood of workplace harassment and keep their workforce informed, empowered, and protected. Nevertheless, without a clear understanding of what constitutes workplace harassment, it’s more difficult to take practical steps to remain strategically effective and legally compliant.
Additionally, without education and internal protocols for reporting workplace discrimination, workplace incidents can negatively impact multiple employees within your organization and lead to lawsuits, legal costs, and reputational damage. In this article, we’ll define and explore the different forms of workplace harassment and offer guidance on how to develop internal policies and procedures for addressing workplace harassment. We’ll also discuss how in-person or online harassment training can keep your employees protected and your organization compliant with federal and state requirements.
Defining Unlawful Workplace Harassment
Broadly speaking, unlawful workplace harassment includes any physical or verbal conduct that demonstrates an aversion or hostile attitude towards an individual on the basis of their race, ethnicity, skin color, gender, age, disability, religion, national origin, and other factors outlined federally by the Equal Employment Opportunity Commission (EEOC). This definition extends to any mistreatment of an individual’s associates, friends, or relatives. Also, as we’ll discuss in a later section, digital or cyberbullying is now regarded as another form of workplace discrimination, making digital spaces an additional domain where acts of workplace harassment can occur.
Whether it’s negative stereotyping, epithets, slurs, or acts of hostility based on the characteristics discussed above, any hostile or demeaning behavior that fails to pass the reasonable person standard (including jokes, pranks, written or graphic material, and other forms of intentional or unintentional harassment) likely qualifies as workplace harassment. This is especially true if the acts of unlawful harassment are “severe or pervasive enough” to lead to a hostile, intimidating, or offensive work environment and/or negatively impact an individual’s ability to complete their job responsibilities or remain eligible for employment opportunities (promotion, advancement, etc.).
It's important to note that in legal terms, a harasser can be anyone majorly or even peripherally associated with an organization, whether it’s a non-employee/contractor, vendor, co-worker within the individual’s department, or direct supervisor. The victim in any workplace harassment claim can be defined as both the person being directly harassed and/or any other person affected by the offensive or inappropriate conduct. Additionally, an individual does not have to demonstrate economic injury or employment discharge to have a legitimate workplace harassment claim.
Since workplace harassment can manifest in a variety of ways, we’ll outline the most common forms it takes and discuss the steps your organization can take to develop policies for identifying, reporting, and resolving harassment claims.
Types of Harassment
Whether workplace harassment involves open verbal or physical harassment or occurs through gaslighting, anonymous digital bullying, or inappropriate sexual comments, it’s important to recognize and understand the different forms of harassment to prevent its occurrence within the workplace. Let’s explore common categories of harassment below:
- Physical Harassment – Although this form of harassment may include more obvious violations like direct physical assault, the destruction of an individual’s private property, or threats of violence through physical intimidation, it can also include any unwanted physical gesture, even if the gesture does not cause physical harm.
- Sexual Harassment – Often a focal point in harassment training, sexual harassment is an unfortunately common form of harassment that can include everything from inappropriate comments with sexual undertones to “quid pro quo” attempts to solicit sexual favors in exchange for work-related benefits (a promotion, job security, or otherwise). More companies are utilizing sexual harassment training from third-party providers, particularly as more states are mandating sexual harassment training to ensure the safety and well-being of private sector employees.
- Verbal Harassment – Another common form of harassment can include undue/baseless criticism, condescending remarks, offensive jokes, slurs, or other comments that are deliberately malicious, unconstructive, and cause psychological and emotional harm.
- Psychological Harassment – Often, psychological harassment is a subtler and more insidious form of harassment that manifests as gaslighting, unreasonable demands, work requests notably outside of the individual’s job responsibilities, or willful exclusion of an individual from certain information, discussions, meetings, or events. The end effect of this form of harassment is often a sense of exclusion, alienation, diminished value to the organization/team, and lowered self-esteem.
- Online or Digital Harassment – A growing concern for private and public sector organizations alike, online or digital harassment can manifest as cruel, demeaning, or libelous comments about an individual via email, on social media, or on other digital platforms; sometimes, this harassment is carried out anonymously, making it more difficult to immediately identify the harasser without professional support.
Best Practices for Reporting and Addressing Harassment
It’s essential for your organization to articulate and regularly share clear policies and procedures regarding workplace harassment. This starts with developing a clear anti-harassment policy and zero-tolerance policy, which should ideally be included in the employee handbook. In some states, a sexual harassment policy statement is required, though more robust policy statements are advisable regardless of jurisdiction. In relevant documents, you should define workplace harassment and offer a clear sequence of steps to formally report harassment and an outline of the disciplinary measures and anti-retaliatory measures that will be in place to protect the victim and properly address any complaints.
As a general rule, each organization should regard any reported incident as a viable legal concern from the moment it is first reported and consult their legal counsel immediately. Any workplace harassment claim should be promptly investigated and measures should be taken to immediately stop the harassment and protect the individual filing the complaint. Whether disciplinary action is or is not enacted based on the investigation, the rationale and evidence for this decision must be thoroughly documented in the event of a future legal challenge.
As your staff investigates a complaint, it’s important to practice objectivity and avoid favoritism or bias in any direction (especially true in smaller organizations). The parties involved in the complaint should not be left to resolve the conflict independently and should not actively communicate or collaborate before a comprehensive investigation has been completed.
HR Support and Harassment Training with The Orsus Group
Utilizing workplace harassment best practices helps your employees stay well-informed and empowered to take the steps necessary to report incidents. Of course, these same measures protect your organization in the event of a lawsuit resulting from disciplinary action (or lack thereof) following a harassment claim or internal investigation. Understanding all of the state and federal laws that apply to your business, meticulously documenting your review process, and relying on professional support for HR strategy development and training keeps your organization compliant and protected.
The Orsus Group offers in-person and online harassment training, which is required by some states but advisable for most organizations. Our experienced trainers can educate your employees on what constitutes harassment, how to prevent it, and what to do if they witness or experience it in the workplace.
Ready to protect your organization and employees from incidents of workplace harassment? Contact us today to start the process.