Are Supervisors Legally Obligated to Report Harassment in the Workplace

There is a risk of contacting human resources to report incidents of sexual harassment, even if you have no doubt that the behavior was based on your gender and you have made it clear that the behavior is not desirable. The employer may be able to investigate and perhaps correctly conclude that there was no unlawful harassment because the harassment was not sufficiently “pervasive”. (Whether the employer should also deal with isolated incidents of unwanted behavior anyway is another question – I think they should, but the law doesn`t necessarily require them to do so.) If you report isolated incidents of minor harassment and the Human Resources investigation concludes that there is no illegal hostile work environment, you are now more likely to retaliate once you have reported your concerns. Some companies have mandatory reporting as a guideline, which means that every employee is required to come forward if they see or become aware of an allegation of harassment. Harassment is undesirable behaviour based on race, colour, religion, sex (including sexual orientation, gender identity or pregnancy), national origin, advanced age (from age 40), disability or genetic information (including family history). Harassment becomes illegal when 1) enduring the offensive behaviour becomes a condition of continuous employment, or 2) the behaviour is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive. Anti-discrimination laws also prohibit harassment of persons in retaliation for bringing a discrimination lawsuit, testifying or participating in an investigation, proceeding or prosecution under these laws; or defend against employment practices that they have reasonable grounds to believe discriminate against individuals and violate those laws. If you send the email to yourself (instead of just keeping a journal or writing the events to a Word document), a timestamp is created when you have saved the information. I hope you will never need these time-stamped records of the harassment you have experienced, but if you do, the fact that you recorded the events on the same day they occurred will make it much more difficult for the employer to argue that your brief is not accurate or not credible. Reports of sexual harassment are on the rise, as people feel empowered to fight them more than ever.

Employees who are harassed at work usually turn to their supervisors for advice and report that there is a problem. If you are a supervisor in the awkward position of receiving a sexual harassment complaint, you may not know how best to respond to the complaint or what steps are needed to handle the matter properly. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate measures to prevent and correct unlawful harassment. You must clearly communicate to employees that unwanted harassing behaviour will not be tolerated. They can do this by establishing an effective complaints or complaints procedure, providing anti-harassment training to their supervisors and employees, and taking immediate and appropriate action if an employee complains. Employers should strive to create an environment where employees feel free to voice their concerns and are confident that these concerns will be addressed. A clear sexual harassment policy protects the company and its employees. You do not need to report harassment to human resources before filing a complaint with the EEOC or a similar state agency. However, be sure to delay reporting harassment even if the harassment appears to have stopped or even if the harassing employee has left the company. You may need to continue to protect your rights by reporting the harassment you have experienced, whether the report is to Human Resources, EEOC, or both. “Over the past six months, we`ve seen companies change their position of transferring everything to supervisors or the victim to come forward,” said Sharon Sellers, president of SLS Consulting, a company that provides training on sexual harassment in the workplace.

“In our training, we changed it so that it is silent is consent; If you see something inappropriate, you have to come forward. The employer is responsible for harassment by employees who do not supervise or non-employees over whom the employer has control (e.g., independent contractors or clients on the scene) if it was aware or should have been aware of the harassment and did not take immediate and appropriate corrective action. Now that you know how your employer expects you to report harassment, are you ready to report it? Maybe yes, maybe no. The timing of your complaint is extremely important. Employers should develop a written policy prohibiting sexual harassment – this is usually included in the company`s gender equality policy and is described as a form of discrimination that is not tolerated in the workplace. The written policy should be part of the employee manual, which requires an employee to sign a confirmation form indicating receipt and approval of the company`s policy. Not all issues of sexual harassment are created equal; However, the policy must also state that employee discipline is subject to discipline depending on the circumstances. Timely submission is mandatory. You must usually file the charge of discrimination within 180 or 300 days of the date of the last episode of harassment or the date on which you were dismissed, demoted or faced with any other adverse employment measures.

If you are a federal employee, you probably only have 45 days to report harassment to your agency`s EOE office. If you do not meet these deadlines, you may be prevented from asserting your sexual harassment claim in court and you will no longer have the negotiating position that such a potential legal claim provides. Isolated and slightly offensive incidents may not reach the level of illegal sexual harassment. To be considered illegal sexual harassment, unwanted behaviour must be so severe or so common and pervasive that it creates an objectively unbearable work environment. The legal term for a work environment where harassment is severe or pervasive is a “hostile work environment”. You may rightly think that your work environment is hostile, but the term “hostile work environment” is a specific legal term that the courts unfortunately only apply to the most extreme models of harassment. Complaints of sexual harassment can pave the way for a lawsuit, which is why it`s imperative to take the right steps once you learn of the alleged harassment. Ultimately, a complaint of this type could result in the loss of one or more valuable employees.

A single complaint could be the first in a series of complaints, and you may find that other people are also being harassed under your supervision. It is best to be prepared for all possible outcomes. 8. Report sexual harassment, but do it the right way, at the right time. Upon receipt of your complaint, Human Resources will likely investigate your allegations (or engage an external party to conduct the investigation).