Prevention is the best tool to eliminate harassment in the workplace. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Employees should also report harassment to management at an early stage to prevent its escalation. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains.
When investigating allegations of harassment, the EEOC looks at the entire record: Petty slights, annoyances, and isolated incidents unless extremely serious will not rise to the level of illegality.
Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment.
They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. Harassment becomes unlawful where 1 enduring the offensive conduct becomes a condition of continued employment, or 2 the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Harassment is unwelcome conduct that is based on race, color, religion, sex including pregnancynational origin, age 40 or olderdisability or genetic information. Employer Liability for Harassment The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.
Harassment can occur in a variety of circumstances, including, but not limited to, the following: The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control e.Equal Employment Opportunity: The Legal Environment True / False Questions 1.
Equal employment opportunity means that an employer must give preference to women and minorities in the workplace.
True False 2. The Equal Pay Act of prohibits sex-based discrimination in rates of pay paid to men and. Equal employment opportunity is a government policy that requires that employers do not discriminate against employees and job applicants based upon certain characteristics, such as age, race.
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person.
View Notes - The Legal Environment - EEO & Safety Slides(1)(2)(1) from MGMT at University of Arkansas. The Legal Environment: Equal Employment Opportunity and Safety Introduction HR.
CHAPTER 3 The Legal Environment: Equal Employment Opportunity and Safety Chapter Summary The legal environment is one of the critical environmental factors that affects the management of people.
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