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Workplace Harassment and the Law
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Gender identity and expression harassment
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.
Age-based harassment
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.
Hostile work environment harassment
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.
Quid pro quo sexual harassment
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.
Racial harassment
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.
Disability harassment
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.
Pregnancy-related harassment
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.
Visual harassment
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.
Retaliation
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.
Physical harassment
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.
Verbal harassment
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.
Third-party harassment
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.
Sexual orientation harassment
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.
Genetic information harassment
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.
Cyberbullying in the workplace
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.
Religious harassment
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.
National origin harassment
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.
Personal harassment
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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