Addressing Workplace Harassment

1. JAN is a service of the U.S. Department of Labor’s
Office of Disability Employment Policy.
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Addressing Workplace Harassment
Employer’s Responsibilities
Anne Hirsh - JAN
Jeffrey Daniels, Ph.D. – WVU
Dexter R. Brooks - EEOC
January 12, 2016

2. Addressing Workplace Harassment
Overview
 Definitions & Prevalence
 Employer Responsibility
 Employee Actions
 Resources
 Questions
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3. Addressing Workplace Harassment
What is workplace harassment
Harassment is any unwelcome verbal or physical
conduct based on one of the protected bases
(disability) that is so objectively offensive as to alter
the conditions of the victim's employment. This
standard is met when
 The conduct culminates in a tangible employment
action, or
 The conduct was sufficiently severe or pervasive to
create a hostile work environment
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4. Addressing Workplace Harassment
What is NOT workplace harassment?
 However, the anti-discrimination statutes are not a
general civility code. Thus federal law does not
prohibit simple teasing, offhand comments, or
isolated incidents that are not extremely serious.
Rather, the conduct must be so objectively
offensive as to alter the conditions of the
individual’s employment. The conditions of
employment are altered only if the harassment
culminated in a tangible employment action or was
sufficiently severe or pervasive to create a hostile
work environment.
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5. Addressing Workplace Harassment
What are other names people sometimes use
when describing workplace harassment?
 Bullying
 Violence
 Mobbing
 Workplace aggression
 Workplace hostility
 Psychological violence
These words do not always mean the behavior is
a violation of the law!
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6. Addressing Workplace Harassment
How prevalent is workplace harassment?
 In a 2015 study of 17,524 workers in the US, 8.1%
reported being harassed in the past 12 months
 EEOC 2014 complaint data shows that harassment
accounts for 47% of complaints filed in federal
sector and 30% of charges filed in the private
sector.
 2014 Workplace Bullying Institute - U.S. Workplace
Bullying Survey
 27% of Americans have suffered abusive conduct at work
 21% have witnessed it
 72% are aware that workplace bullying happens
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7. Addressing Workplace Harassment
Research related to workplace harassment
 Several studies have been conducted using the
EEOC database – the National EEOC/Americans with
Disabilities Act research project
 In general, studies find that between 9% and 13% of
all complaints are about workplace harassment
 A study in the UK found that 43% of adults with
intellectual disabilities reported being bullied within the
previous three months
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8. Addressing Workplace Harassment
Research related to workplace harassment
 In response to the prevalence of harassment in the
workplace, EEOC established a taskforce to study
harassment and find recommendations for
addressing harassment. The taskforce is active
and more information can be found at
http://www.eeoc.gov/eeoc/task_force/harassment/index.
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9. Addressing Workplace Harassment
What is the cost to employers who do not stop
workplace harassment?
Research by Workplace Bullying Institute
http://www.workplacebullying.org/wbiresearch/wbi-archive/
 Productivity and employee turnover
2003 Report of Workplace Bullying and Trauma Institute
37% of targeted individuals fired or involuntarily terminated
33% of targeted individuals quit
17% of targeted individuals transfer to another position
 Cost of litigation – two examples
Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Dis
Suit
Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrim
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10. Addressing Workplace Harassment
Are people with disabilities at increased risk
to be victims of workplace harassment?
 Research is mixed - Some studies of children in
schools suggests an increased risk of bullying;
however, other research shows comparable levels
as non-disabled peers
 Complaint data indicates that people with
disabilities file harassment complaints at a higher
rate than other populations
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11. Addressing Workplace Harassment
What can an employer do to prevent workplace
harassment?
 The best response to workplace harassment is
prevention
 Develop and publish anti-harassment policy with
procedures to allow employees to report harassment
early (this should be separate from filing an EEO
complaint)
 Clearly communicate to all employees that harassment
will not be tolerated
 Educate and train all employees on the policy and
standards of conduct
 Clearly explain the consequences for violating company
policy
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12. Addressing Workplace Harassment
What can an employer do to prevent
workplace harassment?
 More presence from management
 Disability awareness training
 Allow support person at meetings, counselings,
when appropriate
 Develop workplace mentor program
 Modify supervisory methods
 Anonymous tip phone line or other method of
informing
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13. Addressing Workplace Harassment
What should an employer do when they are
aware of harassment in the workplace?
 Document words
 Document behaviors
 Address alleged offender
 Follow policy and procedure
 Help victim recover
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14. Addressing Workplace Harassment
What can an employee do if he or she is
being harassed in the workplace?
 Document words/language
 Document behaviors
 Review company policy
 Report harassment to supervisor or appropriate
person
 If appropriate, address harassment with the
harasser
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15. Addressing Workplace Harassment
What if the harassment is coming from a
supervisor?
 Emphasis on informal-moving-to-formal resolution
with a superior of the supervisor
 An appropriate anti-harassment policy should have
multiple avenues to raise harassment concerns
including outside of an employee’s supervisory
chain
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16. Addressing Workplace Harassment
What should an employee do if they fear
violence in the workplace?
 REPORT immediately – to a trusted supervisor; if
there is a real threat, police may need to be
involved
 Most employers, and in particular federal agencies,
have policies for addressing workplace violence
which should be utilized
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17. Addressing Workplace Harassment
Resources
 EEOC Definition of Harassment in the Workplace
 EEOC
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassm
 EEOC Select Task Force on the Study of Harassment in the Workplace
 Cleaning
Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability
Suit
 Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability
Discrimination Suit
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18. Addressing Workplace Harassment
Resources
 Workplace Bullying Institute
 2014 WBI U.S. Workplace Bullying Survey
 2003 WBI U.S. Workplace Bulling Survey
 WA State Dept of Labor & Industries Resources on Stopping
Workplace Bullying
 JAN Document Addressing Workplace Harassment: Employer’s
Responsibilities
 JAN Document Employees Experiencing Workplace Harassment
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19. Addressing Workplace Harassment
Questions
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20. Addressing Workplace Harassment
Contact
 (800)526-7234 (V) & (877)781-9403 (TTY)
 www.AskJAN.org & jan@askjan.org
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