Harassment in the Workplace Heading

Harassment in the Workplace

Harassment manifests in a number of different ways, including verbal, physical, visual, and sexual. Verbal harassment involves racial slurs, religious epithets, or disparaging physical remarks. Physical harassment is defined by physical abuse; this can involve injury, or it may be characterized by any restriction on an individual's physical space and movement. Meanwhile, visual harassment concern any forms of insulting visual posters, computer messages, etc. Finally, sexual harassment involves any unwanted sexual overtures. Common causes of harassment involve gender, age, sexual orientation, religious affiliation, physical disability, socioeconomic status, or one's family. Harassment often has pervasive consequences beyond the act(s) committed, and it affects worker productivity and morale.

The supervisor has a responsibility to take immediate action when harassment surfaces. People may be sensitive or embarrassed to report harassment, so the supervisor should constantly be aware of the potential for harassment and quell any instances before they develop. When harassment does develop, it is important that the supervisor follow internal protocols that have been established in advance; this involves separating the victim and the harasser and attempting to extinguish the feelings of anger and resentment from both sides.

After the situation has been diffused, the supervisor should then conduct a comprehensive investigation; it is imperative that the examination be unbiased and even if one is fairly certain that harassment has taken place, if a biased study has been conducted there are not adequate grounds for punishing the employee. The focus of the investigation must be directed toward proving that the work environment was hostile for a prolonged duration. An isolated instance is not grounds for harassment, although remarks that are made in jest or in passing are not acceptable (for example, California has rejected the "Stray Remarks" defense.) The supervisor should be very sensitive to the severity of the investigation and it is important that no information be disclosed concerning the investigation. If news of the (alleged) harassment leaks out and enters the work environment, this can lead to the offending party getting ostracized, even though they may not be guilty. Only after the investigation has been completed can the supervisor respond and issue any necessary consequences.

The legal implications for failure to report harassment are multifaceted. The employer is responsible for any instances of harassment that take place, so long as the supervisor has not taken immediate and qualified action after becoming aware of the allegations of harassment. If an investigation has not been made and action has not been implemented, than the employer is legally at risk despite the fact that they did not actually conduct the act of harassment itself. Because of the grave consequences of harassment in the workplace, the employer should be aware of the qualifications of the supervisor.