harassment in workplace

Combating Workplace Harassment: Prevention and Response Strategies

Harassment in the workplace is a serious issue that affects countless people around the world. It can take many forms, such as bullying, sexual harassment, intimidation, and even violence. 

Not only can it have a detrimental effect on the individual being targeted, but it can also negatively impact the business as a whole. In this blog post, we will explore why harassment happens in the workplace, the laws surrounding it, how to recognize it, and the steps you can take to deal with it.

What is the legal definition of workplace harassment and what forms can it take?

The legal definition of workplace harassment is offensive conduct or behavior that is frequent, severe, and unwelcome. This behavior can include any form of verbal or physical abuse, such as racial or sexist jokes, inappropriate touching, unwelcome advances, or comments that portray a person in a negative way. Workplace harassment can also include non-verbal gestures like staring, making faces, or belittling someone publicly.

Furthermore, there are two distinct forms of harassment recognized by law: quid pro quo and hostile work environment. Quid pro quo harassment refers to instances in which employment, promotion, or wages are explicitly or implicitly tied to the submission to unwelcome sexual advances or behavior. On the other hand, hostile work environment harassment is predatory conduct that creates a work environment that is intimidating, hostile, offensive, or abusive. This type of harassment need not be related to sexual advances and may involve any form of offensive behavior.

It is worth noting that harassment can be perpetuated by someone who is not in a position of power, and the victim can be either male or female. Contrarily, individuals in a higher position can use their power to mistreat those subordinate to them, leading to a hostile work environment. Harassment can also be perpetuated against persons from protected classes, which include gender, race, religion, age, and disability, among others.

Harassment does not have to be targeted towards a single individual to classify as harassment. In cases where several people are subjected to offensive behavior that amounts to creating a toxic work environment, the court may decide that the conduct warrants the classification of harassment. It is crucial to understand that victims are not required to endure harassment to warrant action. Managers and employers are obligated to act once they become aware of any offensive conduct.

How can employers create a safe and inclusive environment to prevent workplace harassment?

1. Develop and Enforce Clear Policies

Companies that develop and enforce sexual harassment and discrimination policies are sending a strong message that this behavior will not be tolerated. Make sure your policy outlines proper behavioral standards, and provide clear steps for what to do if an employee experiences harassment. It’s also helpful to provide your employees with resources for anonymously reporting an incident of harassment.

2. Educate Employees

It’s important to educate your employees on what constitutes workplace harassment and discrimination. Consider bringing in outside speakers who can discuss these topics objectively, and raise awareness among employees about these issues. Provide resources for employees who feel that they have been harassed or discriminated against.

3. Address Issues Promptly and Thoroughly

Harassment can be a very delicate issue. Ignoring it or downplaying it can make the situation worse. Address the issue as soon as it arises, and investigate the facts of the situation thoroughly. If it is determined that harassment took place, employers must take appropriate corrective actions to prevent that behavior from happening again.

4. Promote a Culture of Respect

Employers need to foster a culture of respect in which harassment cannot take root. This can be accomplished by promoting an environment where open communication is encouraged, and where employees feel safe speaking up if they witness something inappropriate. Creating a workplace culture of respect helps ensure that all employees feel valued and heard, and eliminates the possibility of harassment.

5. Train Management

Management plays a key role in creating a safe and inclusive workplace. It’s essential that managers are trained to recognize harassment and act promptly to shut it down, investigate it, and provide support to any victims. Managers should also be required to attend regular training sessions on harassment prevention. It’s also important that they serve as positive role models and actively work to reinforce the policies and values of the company.

What are the common signs and indicators of workplace harassment, and how should they be addressed?

1. Verbal Harassment

Verbal harassment in the workplace is one of the most common forms of harassment. It involves any unwelcome and inappropriate comments related to an individual’s gender, race, religion, or disabilities. These comments may include jokes, derogatory language, and comments about one’s physical appearance. If an employee is subjected to verbal harassment, they should immediately report the situation to their supervisor or HR representative.

2. Sexual Harassment

Sexual harassment is any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. This includes unwanted touching or assaulting, making inappropriate sexual comments, or demanding sexual favors in exchange for promotions or other employment benefits. If an employee experiences or witnesses sexual harassment, they should report it to their employer or HR department immediately.

3. Bullying

Bullying in the workplace is detrimental to employee morale and productivity. It can occur in the form of physical aggression, intimidation, or humiliating behavior directed towards an employee, resulting in feelings of isolation and vulnerability. Employers should have a zero-tolerance policy for any bullying behavior, and employees should document any incidents and report them to their supervisor immediately.

4. Systemic Harassment

Systemic harassment refers to a pattern of behavior that creates a hostile work environment. It encompasses all types of harassment and can manifest in the form of workplace policies that are discriminatory or unfair. This type of harassment can create a toxic work environment and should be reported to HR immediately, and may even warrant legal action.

5. Repercussions and Action

It’s important for employers to take allegations of workplace harassment seriously and take swift action when appropriate. This may include conducting an investigation to determine if the claims are founded and taking disciplinary action against the perpetrator. It’s also important for employers to create a safe and confidential space for employees to report any harassment, without fear of retaliation.

What are the psychological and emotional impacts of experiencing workplace harassment on employees?

1. Anxiety and Depression

One of the most common psychological impacts of workplace harassment is anxiety and depression. Employees who have been harassed may experience high levels of stress, fear, and anxiety, which can lead to depression, feelings of sadness and hopelessness, and even chronic illness. The constant fear of being harassed can contribute to developing anxiety disorders like post-traumatic stress disorder (PTSD).

2. Low Self-Esteem

Workplace harassment can also impact an employee’s self-esteem. When someone is repeatedly harassed, they may begin to question their abilities, skills, and worth. Workplace harassment can make individuals feel inferior, which can negatively impact their performance, relationships, and their sense of self-worth.

3. Physical Health Problems

Workplace harassment can lead to physical health problems. Employees who experience harassment may develop symptoms like migraines, ulcers, high blood pressure, and other stress-related illnesses. The body responds to prolonged stress, and over time, this can damage health. During harassment, the constant fear and anxiety can put a tremendous amount of pressure on the body systems, leading to physical health deterioration.

4. Loss of Productivity

Employee productivity may deteriorate due to the stress and trauma of workplace harassment. Employees who have experienced harassment may find it challenging to focus on their work, leading to poor performance and missed opportunities. These individuals may be unable to concentrate, make decisions, and complete tasks. It’s essential to provide support to such employees, as it can significantly affect the productivity of an organization.

5. Strain on Relationships

Lastly, workplace harassment can also negatively impact personal relationships. When employees feel anxious, depressed, and stressed, it can carry over into their personal lives, leading to tension and strain on their relationships. The emotional toll of harassment can cause long-lasting damage to the individual’s mental health and personal relationships, making it crucial to seek help and support.

How should organizations handle and investigate complaints of workplace harassment?

1. Establish Sound Policies and Procedures

Organizations should develop, communicate, and enforce clear policies and procedures that address workplace harassment. These policies should contain a definition of such harassment, examples of misconduct, and the consequences of breach. In addition, the policies should outline the process for reporting harassment and the steps taken to investigate and address such complaints. Developing these policies can take time and effort, but it’s an investment that protects not just employees, but the reputation of the organization.

2. Encourage Reporting and Provide Support

Employees may hesitate to report harassment for fear of retaliation or disbelief. Therefore, organizations should encourage employees to report any harassment incidents that they witness or experience. This can be done through regular training, reminders, and open-door policies. Employees should be assured that their complaints will be handled confidentially and impartially. Organizations should also provide support to employees who report harassment, including counseling and legal advice, if necessary.

3. Investigate Complaints Fairly and Thoroughly

Organizations must investigate any complaints of workplace harassment in a fair and objective manner. This means appointing independent investigators who are trained in dealing with such complaints. The investigators should not have any conflict of interest with the parties involved and should conduct a thorough investigation that involves gathering evidence, interviewing witnesses, and issuing a report. The investigators should also provide feedback to the complainants and the accused throughout the process.

4. Take Appropriate Action

When the investigation is complete, organizations should take appropriate action based on the findings. This may include disciplinary actions such as a warning, suspension, or termination of employment depending on the severity of the offense. Organizations should also monitor the accused employee’s future behavior and provide additional training to prevent a recurrence of harassment incidents. It’s important to communicate the results of the investigation to the employees involved and to assure them that the organization takes the issue of workplace harassment seriously.

5. Continuously Review Policies and Procedures

Organizations should review and revise their policies and procedures regularly to ensure that they are up-to-date, relevant, and effective. This can be done through consultations with employees, legal professionals, and other stakeholders. Doing so can help identify gaps or areas of improvement in the organization’s approach to handling complaints of workplace harassment. Moreover, it shows the employees that the organization is serious about preventing harassment and protecting their well-being.

Can you get fired when you harass someone in the workplace?

First and foremost, it is essential to be aware of the legalities of workplace harassment. The legal definition of harassment includes any unwelcome conduct based on any protected characteristic such as gender, race, religion, disability, and so on. That means that any behavior that creates a hostile work environment, such as unwanted sexual advances, offensive comments, or physical touching, can be considered harassment. Employers have a responsibility to create a safe and inclusive work environment, and failure to do so can lead to significant legal repercussions. 

Now let’s get to the big question – can you get fired for harassing someone in the workplace? The answer is yes. In most cases, employers have a zero-tolerance policy towards harassment, and offenders can face disciplinary action, suspension, or even termination. Companies are required to uphold their values and protect their employees. Employers can also face lawsuits and legal action if they fail to address harassment incidents within the office. 

It is not just the perpetrators that can face the consequences of harassment. Employers can also face legal action if they fail to address harassment complaints. That is why it is crucial for organizations to have robust anti-harassment policies, so employees know the expected code of behavior, and those policies must also be enforced. Employers can also create a culture of openness and transparency, where people feel comfortable reporting incidents without fear of retaliation. 

What if someone falsely accuses you of harassment? False accusations can ruin your career, but it is essential to maintain professionalism and not retaliate. Most companies have a formal procedure for handling complaints, and the accused must be given a chance to respond to the allegations formally. Employers should also conduct an impartial investigation to determine the validity of the accusations. If you are falsely accused of harassment and can prove your innocence, you have the right to take legal action against the person making false allegations. 

What causes workplace harassment?

Lack of Awareness

Most of the time, the employees themselves do not realize how their actions or words can be interpreted as harassment, which often stems from a lack of awareness about what constitutes harassment. Some individuals simply do not comprehend the impact of their actions and how it can affect others. That’s when harassment becomes really problematic as they keep repeating the action that is causing discomfort to others.

Power Imbalance

Many instances of harassment occur as a result of a power imbalance at the workplace. A power imbalance exists when one party has more control or influence over the other. This could be the supervisor and the subordinate, or the company and the employee. This imbalance can make the victim vulnerable, and the perpetrator can take advantage of this vulnerability to harass them.

Culture

In some workplaces, harassment is a way of life. It is normalized, and the workplace culture condones it, making it a routine that is deemed acceptable. Such toxic cultures allow harassers to continue with their actions and discourage victims from reporting it for fear of backlash.

Lack of Consequences

When individuals who engage in harassing behavior face little or no consequences for their actions, they are emboldened to continue. This is a prevalent issue in many workplaces where there is a lack of accountability for those who engage in harassing behavior. These workplaces may have policies in place, but there is inadequate enforcement that enables harassers to continue unchecked.

How big is the sexual harassment problem In the workplace?

Sexual harassment is defined as any unwelcome verbal or physical behavior of a sexual nature that creates a hostile, intimidating, or offensive work environment. This type of behavior can include lewd comments, unwanted touching, and sexual advances. The impact of sexual harassment on victims can be profound, and it can have a significant impact on their mental health, physical health, and work performance.

Research suggests that sexual harassment is an underreported problem in the workplace. Many victims fear retaliation, losing their jobs, or being blacklisted from their industry. In addition, some may feel shame or guilt about what has happened to them. As a result, many victims remain silent, allowing the perpetrator to continue their harmful behavior.

While sexual harassment can happen in any profession, some industries are more prone to it. Research suggests that industries that are male-dominated, such as construction, hospitality, and entertainment, have higher rates of sexual harassment. This is due to the power dynamics at play, where men hold most of the top positions, making it difficult for victims to speak out against their abusers.

Fortunately, laws have been put in place to combat sexual harassment in the workplace. The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws prohibiting workplace discrimination and harassment, including sexual harassment. It is important to note that sexual harassment is illegal under both federal and state law. Victims can file a complaint with the EEOC and seek legal remedies such as compensation for any losses they may have suffered due to the harassment.

Final Words

In conclusion, harassment in the workplace is a serious issue that affects many people. It’s important to recognize the signs of harassment, know your rights, and take action to protect yourself. By speaking up and reporting any harassment you witness or experience, you can help create a safer workplace for everyone. 

And by taking proactive measures, companies can prevent harassment from occurring in the first place. Remember: everyone deserves to feel safe and respected in the workplace.

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