The EEOC recently released a lengthy report based on the findings of a task force commissioned to conduct an in-depth study of workplace harassment. After 18 months, countless interviews in diverse fields of study, and a series of both public and private meetings, the EEOC's Select Task Force on the Study of Harassment in the Workplace released a 90-page report that both detailed its findings and offered numerous recommendations to prevent harassment in the employment context.
Startling Harassment Statistics
In 2015, the EEOC was flush with charges of harassment, receiving approximately 30,000 such claims from employees. These claims predominately took the form of harassment on the basis of sex (45%) or race (34%) and, to a lesser extent, disability (19%), age (15%) or national origin (13%). Harassment on the basis of religion made up only 5% of charges, but that number is expected to rise given the current political climate. Moreover, the EEOC believes that harassment in the workplace is likely even more rampant than is suggested by these statistics, and estimates that as many as 75% of harassed employees do not file reports out of fear of retaliation, hopelessness or embarrassment.
Given that sex-based harassment constituted the highest percentage of reported claims, the EEOC focused primarily on the prevention of sexual harassment, acknowledging in the report that a further in-depth study in other forms of harassment is needed.
Harassment Risk Factors in the Workplace
The EEOC identified several risk factors that make an office environment more susceptible to incidents of harassment:
- Lack of diversity in the
workplace.
- Cultural and language differences
among employees.
- Emotional social discourse outside
the workplace.
- Predominately young workforce.
- Significant power disparities among
employees.
- A culture that encourages alcohol
consumption.
- Workplaces with "high
value" employees, meaning that some employees are critical and
viewed as not subject to the same rules as others.
- Decentralized workplace.
- Work that is monotonous or consists of low-intensity tasks.
A Holistic Approach
With the identification of these factors, the EEOC intends to move toward a more holistic approach in the fight against harassment, scrutinizing the specific culture and needs of each particular workplace. With this in mind, the report recommends that employers focus on encouraging bystander intervention and workplace civility. The report suggests creating an "It's on Us" campaign, similar to those on college campuses geared toward the prevention of sexual assault. The theory is that this will promote a feeling of collective responsibility and encourage a supportive environment where employees feel comfortable reporting the harassment of themselves or others. The EEOC believes that the necessary changes must come from the top down and that it therefore is imperative that managers and other senior employees are involved and encourage general civility in the workplace. As part of the holistic approach to prevention, the EEOC's position seems to be that incivility ultimately leads to harassment, calling incivility "an antecedent to workplace harassment."
Unsurprisingly, the report also recommends that employers have effective policies and procedures in place. However, the report stresses that having the right policies is not sufficient. Leadership must be very involved in prevention and creating a civil atmosphere.
How Should Employers Adjust?
The Commission is clear that it intends to pursue even more harassment claims. Thus, employers would be wise to ensure the following adjustments are made:
- Review policies
- Provide a clear explanation of
prohibited conduct and include specific examples.
- Assure that those who make complaints
or assist in an investigation will be protected from retaliation,
and stress that confidentiality will be respected.
- Clearly identify the complaint
process and include multiple, available avenues of complaint.
- Guarantee that immediate and
proportionate action will be taken if harassment has
occurred.
- Ensure that conduct which may not be
legally actionable but may lead to harassment is responded to
appropriately.
- Encourage an "if you see
something, say something" culture.
- Provide a clear explanation of
prohibited conduct and include specific examples.
- Improve civility training
- Focus on promoting a culture where
harassment is not tolerated.
- Make clear that incivility will not
be tolerated, even if it is not legally actionable.
- Involve leadership to create a sense
of collective responsibility.
- Focus on promoting a culture where
harassment is not tolerated.
- Be aware of warnings signs: If the
workplace has risk factors identified by the EEOC, be on alert for
possible unreported harassment or developing instances of
harassment.
- Take strong but appropriate corrective action should there be a finding of harassment.
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