For example, the updated guidance addresses harassment based on sexual orientation and gender identity including outing a coworker’s sexual orientation or gender identity and denying a worker’s access to a bathroom or other sex-segregated facility based on the individual’s gender identity. The guidance also addresses other sex-based harassment dealing with pregnancy and breast feeding and harassment of employees who work remotely.
The EEOC enforces laws that prohibit harassment in the workplace. The harassment must be based on a protected characteristic, including race, color, religion, sex, national origin, disability, age and genetic information. Being rude, teasing or mistreating somebody because of a personality conflict, without a connection to a protected characteristic, does not violate the laws enforced by the EEOC.
Harassment can take many forms, including:
Employers have an obligation to comply with EEOC regulations and it’s important to note that harassment by any person, including coworkers, customers and clients, can violate federal law. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. And the EEOC has the authority to investigate charges of harassment against those employers. If the EEOC finds harassment has occurred, it will try to settle the charge via mediation or by taking legal action if necessary.
The EEOC encourages employers to take these steps to prevent harassment.
The EEOC also advises that employers should consider if their workers experience barriers to comprehension, including limited ability to speak English, to read or to understand the material, when the employers are creating, revising or assessing the effectiveness of an anti-harassment policy, reporting procedures or training.
Along with reporting harassment, employers can use Arcoro’s Learning Management System (LMS) to deliver training to employees in harassment prevention. Through our partnership with Training ABC, customers have access to expert-designed harassment training, including state-specific courses. Managers can create learning plans for harassment training. Administrators can also upload their own training courses using SCORM, AICC and xAPI formats. Employees can access the training 24/7 to learn in their own time and completions are stored in our secure, cloud-based software.
Taking steps to prevent workplace harassment can lead to a more productive, inclusive working environment.