This page is to give general information on the guidelines for establishing a claim of harassment in the workplace. The items listed are taken from notes made during a training session and remain in note form.
1. Organizations may be held liable for conflicts between and among employees should supervisors fail to remedy the situation.
2. Employer Responsibilities:
Market products and services of employees.
Provide a safe workplace.
Protect employees from harassment or discrimination.
3. Discriminating is described in the dictionary as "making a distinction".
4. Any discrimination that occurs while an employee is at work, such as performance evaluations, promotions, job assignments, and compensation leaves an employer subject to a discrimination lawsuit.
5. Sexual Harassment occurs when submission to or rejection of, unwanted advances by an individual is used as the basis for employment decisions affecting the individual.
6. Hostile work environments are created when conduct occurs that has the purpose or effect of substantially interfering with an individual's performance or creating an intimidating, hostile, or offensive working environment.
7. Most harassment and hostile work environment claims are based on the "reasonable person" standard. If circumstances were similar, would a reasonable person be offended or find the conduct intimidating, hostile, or abusive?
8. PROHIBITED HARASSMENT: The criteria now require an employer to maintain a work environment free of harassment based on color, race, national origin, age, or disability, as well as free of harassment based on gender.
9. Special circumstances dictate same-gender hostile environment harassment.
10. Matters subject to litigation in Harassment and Work Environment claims: Discrimination, Harassment, Defamation, Wrongful Discharge, Misappropriation of Trade Secrets, Breach of Employment Agreement.
Agencies dealing with harassment claims:
Equal Employment Opportunity Commission
National Labor Relations Board
Department of Labor
Occupational Safety and Health Administration
Office of Federal Contracts Compliance
State departments of Human Rights
11. In initiating legal action, be honest and keep good documentation. Keep copies of emails, memos, letters, notes, and notebooks relating to the incidents under litigation.
12. To find appropriate agency connections, go to the Aging Horizons home page and use the links to the Civil Rights Organizations.
