Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of that person’s (or that person’s relatives’, friends’, or associates’) race, skin color, religion, gender, national origin, age, or disability, and that:

• has the purpose or effect of creating an intimidating, hostile, or offensive work environment
• has the purpose or effect of unreasonably interfering with the individual’s work performance
• otherwise adversely affects the individual’s employment opportunities

Federal antidiscrimination laws. If you have 15 or more employees, you're subject to federal antidiscrimination laws. You have a legal obligation to provide a work environment that is free from intimidation, insult, or ridicule based on race, color, religion, gender, or national origin.

Even if you have fewer than 15 employees, you must also be concerned with preventing harassment because you can sometimes be sued in state courts, depending on your state’s harassment laws. As an employer, you may be held liable not only for your own acts that affect employees in the workplace, but also for the acts of your employees, and even your customers, suppliers, and others who regularly do business with you.

Although harassing conduct must be objectively viewed as creating a hostile work environment to be unlawful, the subjective perception of complaining employees is still significant. After all, those subjective beliefs will play a large part in a decision to get an attorney and sue you, if they feel strongly enough about it. If an employee doesn't perceive the work environment to be hostile as a result of someone’s conduct, the conduct is not unlawful harassment.

Example

If five male employees and one female employee are telling "dumb blonde jokes" at break, and none of the employees finds them offensive, hostile, or abusive, the conduct is not harassment. It might not be a bad idea, however, to caution the employees that others might construe the comments as harassment.

Sexual harassment. Sexual harassment occurs when sexual or gender-based activity or comment creates a hostile work environment that interferes with an employee’s ability to do his or her job. Many states have enacted laws that specifically address the problem of sexual harassment in the workplace. These laws generally require you to create, clearly communicate, and fairly enforce a policy that effectively ensures a harassment-free environment. Such a policy generally contains:

• a definition of harassment
• a statement prohibiting harassment
• a complaint procedure to be followed by employees who feel that they've been harassed
• a statement outlining the disciplinary action that can or will be taken if an employee engages in harassing behavior
• a statement assuring employees that you won't retaliate against them for raising the issue of harassment

Many states have laws regarding sexual harassment that apply to private employers. State laws may contain information regarding coverage, policy, notice, and posting requirements. Remember if federal law applies, it is controlling, unless state law offers more protection to employees. Almost half of the states have enacted laws relating to sexual harassment.

You may want to talk to your attorney about how to comply with the requirements.

Copyright 2006, CCH INCORPORATED. All Rights Reserved.