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Workplace Harassment and the Law

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Gender identity and expression harassment

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Can result in legal consequences under anti-discrimination laws. It is crucial to have inclusive nondiscrimination policies, educate employees on LGBTQ+ issues, and enforce respectful communication standards.

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Age-based harassment

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Infringement of the Age Discrimination in Employment Act (ADEA) that can trigger lawsuits and liability. Prevention includes training programs, monitoring for ageist behavior, and promoting age diversity.

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Hostile work environment harassment

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Can lead to legal action and damages for creating an intimidating or offensive work atmosphere. Employers should foster a respectful culture, provide harassment training, and enforce anti-harassment policies.

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Quid pro quo sexual harassment

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Can lead to lawsuits and significant financial penalties for the employer. Employers must create policies prohibiting such behavior, provide regular training, and ensure effective reporting mechanisms are in place.

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Racial harassment

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Violation of civil rights law, potentially resulting in compensatory and punitive damages. Employers must enforce zero-tolerance policies, conduct diversity training, and take immediate action on complaints.

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Disability harassment

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Violates the Americans with Disabilities Act (ADA) and can lead to litigation and penalties. Accommodation policies, ADA compliance training, and effective response to harassment are essential.

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Pregnancy-related harassment

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Breaches the Pregnancy Discrimination Act and can result in company liabilities. Implementation of pregnancy accommodation policies, sensitivity training, and fair treatment of expectant mothers are necessary.

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Visual harassment

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May result in legal action if it contributes to a hostile work environment. Employers should set standards for workplace decor, monitor the display of materials, and provide clear reporting procedures.

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Retaliation

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Illegal under various anti-discrimination laws, leading to possible legal proceedings. Employers should enforce anti-retaliation policies, provide clear channels for complaint reporting, and ensure follow-ups are conducted fairly.

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Physical harassment

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Could be charged as assault or battery with criminal and civil implications. Prevention includes zero-tolerance violence policies, security measures, and swift disciplinary action against offenders.

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Verbal harassment

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Can lead to claims of a hostile work environment under anti-discrimination laws. Regular training, clear communication guidelines, and mechanisms for reporting are essential to prevent such issues.

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Third-party harassment

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If unchecked, can lead to legal liability for the employer under hostile work environment claims. Minimize risks by creating protocols to deal with non-employees, training staff, and quickly addressing incidents.

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Sexual orientation harassment

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Constitutes a violation of employment non-discrimination acts with potential legal penalties. Ensuring a culture of inclusivity, equity policies, and comprehensive harassment prevention programs are key.

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Genetic information harassment

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Violation of the Genetic Information Nondiscrimination Act (GINA) may lead to sanctions. Employers must safeguard genetic information, conduct privacy training, and enforce policies against its misuse.

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Cyberbullying in the workplace

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Although not always covered by specific laws, it can result in legal action under harassment or hostile work environment claims. It's important to have a digital conduct policy, monitor online interactions, and investigate complaints.

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Religious harassment

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May result in legal sanctions under Title VII of the Civil Rights Act of 1964. Employers must respect religious practices, provide reasonable accommodations, and handle discrimination complaints seriously.

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National origin harassment

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Violates Title VII of the Civil Rights Act and can incur legal consequences. Actions include valuing cultural diversity, providing anti-discrimination training, and maintaining a multicultural workplace policy.

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Personal harassment

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Not always covered by law but can contribute to a toxic atmosphere leading to turnover and loss of productivity. Companies should have a broad non-harassment policy, encourage respect, and address interpersonal conflicts.

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