Costly Harassment Claims Involve More Than Sex
SUNRISE, Fla., Sept. 21 /PRNewswire/ -- Workplace harassment has become a
major issue for employers, because a single claim can seriously damage a
company's bottom line. And it's not just large corporations that are at risk.
Private-sector organizations with 15-100 employees are the most common targets
of harassment claims.
"Sexual harassment gets most of the headlines, but settlements and jury
verdicts are frequently based on claims of harassment based on race, color,
national origin, religion, age, disability, and other protected categories,"
says Ashley Kaplan, head of the labor law team at Sunrise-based G.Neil Corp.
To protect yourself from these risks, she says, take action to prevent
harassment from occurring and minimize your liability if a claim is ever
filed.
What Employers Need to Know About Harassment
"The anti-discrimination statutes are not a handbook on personal
behavior," Kaplan explained. "Thus, federal law does not prohibit simple
teasing, offhand comments, or isolated incidents that are not extremely
serious.
"Rather, the conduct must be so objectively offensive as to alter the
conditions of the individual's employment - if the harassment culminates in a
tangible employment action or is sufficiently severe or pervasive to create a
hostile work environment."
Hostile work environment harassment occurs when an unwelcome comment or
conduct based on sex, race or other legally protected characteristics
unreasonably interferes with an employee's work performance or creates an
intimidating, hostile or offensive work environment.
Some Workplace Trends to Keep Your Eye On
- The EEOC gets about 20,000 age discrimination claims every year, but
many experts say it's just a matter of time before this rate will go
up, because Baby Boomers and other people over 40 make up about half
the national workforce.
- Complaints alleging religious discrimination have increased 75 percent
in the past decade, while claims of racial harassment are declining.
Greater religious diversity and awareness in the workforce probably
will bring more complaints against employers, Kaplan predicts.
- A recent Tanenbaum Center survey of HR professionals found that a mere
4 percent of U.S. companies have policies that specifically address
religious discrimination and harassment at work.
Kaplan recommends three actions for employers to take immediately for
self-protection:
- Review your policies to ensure that they do not pertain solely to
harassment based on sex.
- Train managers, supervisors and line employees on the need to prevent
all forms of harassment.
- Take all harassment claims seriously, investigate them fully, and take
appropriate remedial action promptly.
G.Neil, which has specialized in labor law and human resource solutions
for more than 16 years, offers numerous tools to help employers combat
harassment, including its training video, "From Sex to Religion ... and
Everything in Between." For more information or to request a catalog, call
toll-free 1-800-999-9111 or visit .
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