Video Vignettes ID: 2963

Illegal Harassment (from It's the Law™)

Managing Legal Risk

Harassment is conduct motivated by a protected characteristic, that’s unwelcome, and severe or pervasive, and that unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment. That’s a mouthful, but it’s really not that hard to spot hostile environment harassment. For instance, when someone creates an uncomfortable work environment for another employee by always referring to them as “dinosaur,” “the old guy,” “grandpa,” or “Boomer,” it can be considered a form of illegal harassment. And it's a manager's responsibility to make sure it doesn't happen.

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How do you ensure illegal harassment doesn't happen in your workplace?

First, the organization should have a written policy prohibiting harassment, including sexual harassment—but not limited to sexual harassment.

Second, every employee should be regularly trained on their rights and responsibilities regarding appropriate and inappropriate behavior and the company’s policy.

And third, reports of inappropriate behaviors that the reporter indicates may be based on a protected class status, or a protected activity, should be promptly investigated and effectively resolved.

More From the Series: It's the Law™: The Legal Side of Management

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Competencies

  • Developing Core Leadership Skills
  • Managing Legal Risk

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