Harassment Responses and Discipline
Harassment Responses and Discipline
Do you know what your obligations are to take disciplinary action if your harassment policy has been violated? Or, in situations where it is not clear that harassment actually took place, do you know how to prevent future harassment?
How you respond often will be the determining factor in either preventing or provoking discrimination claims. A weak reaction is no defense and may increase your legal exposure. Alternatively, you don't want to be too heavy-handed. A reflexive or too harsh response, such as an automatic suspension or termination without regard to the severity of the conduct, may needlessly provoke a legal claim by the alleged harasser. Fortunately, however, there are several simple steps you can follow to help determine the appropriate discipline.
Duty to Prevent Harassment
Your duty both to prevent workplace harassment and to take swift action to remedy it is well established. Title VII of the Civil Rights Act prohibits harassment or a work environment that is abusive to employees because of their race, gender, color, religion, or national origin. In addition, the Americans with Disabilities Act has been interpreted to prohibit harassment based on an individual's disability.
Although the most common harassment claims involve allegations of sexual harassment, the same legal analysis applies when the offensive behavior is aimed at any legally protected class. Most states also have laws forbidding workplace harassment, as do many cities and other local governmental authorities.
When Your Harassment Policy Has Been Violated
Of course, discipline is generally one of the last steps in any harassment procedure. It should follow only after you have conducted a thorough and prompt investigation, interviewed all involved parties, and carefully weighed the evidence. If you conclude that your harassment policy has been violated, disciplinary action is then the next step.
As a general rule, your disciplinary measures should take into consideration the nature and seriousness of the harassment and should also reflect whether it is the first violation of the policy, or part of a broader pattern of harassment. In addition, you should follow your organization's standard disciplinary guidelines and make sure your action properly matches any similar past precedents.
Courts and the Equal Employment Opportunity Commission (EEOC) generally agree that in order to escape liability under Title VII employers must take appropriate remedial action that is "reasonably calculated" to stop the harassment and prevent any future occurrences.
In addition, the disciplinary measures should also be appropriate to the seriousness of the offense. Of course, for any discipline short of termination, the harasser should be warned that further incidents will not be tolerated and will result in additional action.
No Violation of the Policy
If you investigate a complaint of harassment and determine that your policy was not violated, you should not take any action against the accused harasser or retaliate against the complaining employee. You should, however, explain in appropriate detail to the complaining employee why the evidence did not support the claim.
You also need to be prepared for the complaining employee's dissatisfaction with your decision.
As a safety valve, most employers invite the employee to submit any further evidence and assure her that it will be investigated. In addition, you should remind the employee that she may appeal the decision using your normal complaint resolution procedure. Any empathy you show for the complaining employee's concerns will help neutralize the type of emotional reaction that often leads to a claim with the EEOC or to a lawsuit.
Do you know what your obligations are to take disciplinary action if your harassment policy has been violated? Or, in situations where it is not clear that harassment actually took place, do you know how to prevent future harassment?
How you respond often will be the determining factor in either preventing or provoking discrimination claims. A weak reaction is no defense and may increase your legal exposure. Alternatively, you don't want to be too heavy-handed. A reflexive or too harsh response, such as an automatic suspension or termination without regard to the severity of the conduct, may needlessly provoke a legal claim by the alleged harasser. Fortunately, however, there are several simple steps you can follow to help determine the appropriate discipline.
Duty to Prevent Harassment
Your duty both to prevent workplace harassment and to take swift action to remedy it is well established. Title VII of the Civil Rights Act prohibits harassment or a work environment that is abusive to employees because of their race, gender, color, religion, or national origin. In addition, the Americans with Disabilities Act has been interpreted to prohibit harassment based on an individual's disability.
Although the most common harassment claims involve allegations of sexual harassment, the same legal analysis applies when the offensive behavior is aimed at any legally protected class. Most states also have laws forbidding workplace harassment, as do many cities and other local governmental authorities.
When Your Harassment Policy Has Been Violated
Of course, discipline is generally one of the last steps in any harassment procedure. It should follow only after you have conducted a thorough and prompt investigation, interviewed all involved parties, and carefully weighed the evidence. If you conclude that your harassment policy has been violated, disciplinary action is then the next step.
As a general rule, your disciplinary measures should take into consideration the nature and seriousness of the harassment and should also reflect whether it is the first violation of the policy, or part of a broader pattern of harassment. In addition, you should follow your organization's standard disciplinary guidelines and make sure your action properly matches any similar past precedents.
Courts and the Equal Employment Opportunity Commission (EEOC) generally agree that in order to escape liability under Title VII employers must take appropriate remedial action that is "reasonably calculated" to stop the harassment and prevent any future occurrences.
In addition, the disciplinary measures should also be appropriate to the seriousness of the offense. Of course, for any discipline short of termination, the harasser should be warned that further incidents will not be tolerated and will result in additional action.
No Violation of the Policy
If you investigate a complaint of harassment and determine that your policy was not violated, you should not take any action against the accused harasser or retaliate against the complaining employee. You should, however, explain in appropriate detail to the complaining employee why the evidence did not support the claim.
You also need to be prepared for the complaining employee's dissatisfaction with your decision.
As a safety valve, most employers invite the employee to submit any further evidence and assure her that it will be investigated. In addition, you should remind the employee that she may appeal the decision using your normal complaint resolution procedure. Any empathy you show for the complaining employee's concerns will help neutralize the type of emotional reaction that often leads to a claim with the EEOC or to a lawsuit.
posted by e-Learning Place at 1:51 PM
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