Preventing Workplace Harassment
Abusive Conduct
Occurs when an employee is repeatedly subjected to actions, omissions or statements that, to a reasonable person, have the purpose or effect of being offensive, intimidating, hostile, degrading or humiliating. Abusive conduct may be engaged in by one person or by a group of people, which is often referred to as mobbing. The person engaging in abusive conduct may be an employer, a manager or supervisor, a co-worker, a customer or client or anyone else an employee interacts with at work.
Bystander Effect
A phenomenon where people are less likely to object to or report inappropriate conduct when others also witness the same misconduct. The bystander effect is thought to arise, in part, from diffusion of responsibility. Bystander intervention techniques are taught to empower bystanders to intervene.
Bystander Intervention Techniques
Techniques you can use and actions you can take when you witness sexual harassment, other forms of workplace harassment or any inappropriate workplace behaviour. A bystander can intervene directly or indirectly, by, for example, distracting the target or perpetrator of the inappropriate conduct or by reporting the conduct to a supervisor or human resources (HR).
Derogatory
Insulting or disrespectful.
Diffusion of Responsibility
The tendency of a person to feel less responsibility to help or intervene in a given situation when there are others present, because the person assumes that someone else will take action. Social psychology research indicates that diffusion of responsibility increases as the number of bystanders increases.
Epithet
An insulting or abusive word or phrase.
Hostile
Unfriendly in feeling, action, nature, or character.
Hostile Environment
Arises when harassment related to a protected characteristic is so severe or pervasive that it interferes with the employee’s ability to perform their work.
Protected Characteristics
In many countries, the law protects employees from harassment and discrimination on the basis of certain individual characteristics. These are called protected characteristics and can also be referred to as protected grounds or simply grounds. Examples of protected characteristics are: race, colour, sex, ethnic origin, religion or belief, disability and age.
Reporting
Sharing concerns about inappropriate behaviour with a supervisor, HR, another member of management or external government agencies.
Retaliation
Occurs when employers treat applicants, employees, former employees, or people closely associated with these individuals, less favorably for reporting discrimination or participating in a discrimination investigation or lawsuit. Retaliation is sometimes called victimisation or reprisal. In most countries, employees are protected from retaliation for reporting in good faith a concern about harassment or discrimination and testifying, assisting, or participating in an investigation, proceeding, or hearing related to harassment or discrimination.
Sex Discrimination
Involves treating an applicant or employee unfavorably because of that person’s sex.
Sexual Harassment
A form of illegal sex discrimination. There are two kinds of sexual harassment: quid pro quo sexual harassment and hostile environment. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Transgender Status
Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of transgender status.
In Bostock v. Clayton County, 590 U.S. 644 (2020), the Supreme Court held that under Title VII, when an employer discriminates against an employee for being transgender, the employer “necessarily and intentionally discriminates against that individual in part because of sex.” Bostock, at 665.
EEOC guidance reflects the Court’s Bostock holding and states “it is illegal to discriminate against someone (applicant or employee) because of that person’s … sex (including transgender status, sexual orientation, and pregnancy) …”
Workplace Harassment
Unwelcome, reasonably offensive treatment that is related to any protected characteristics.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.