Workplace Harassment Trail Guide: Avoiding the Avalanche Zone

Anne H. Williams, Attorney

New and alarming trends are changing the way you manage your workforce and demanding your attention. These trends are too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

About the Report
This special report covers all types of protected-class harassment-sex, race, religion, national origin, age, and disability-and guides you through the difficult terrain of harassment law. You get the authoritative help you need to prevent harassment from occurring in your workplace.

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Table of Contents:

1. PROHIBITED HARASSMENT
A Basic Definition of Harassment
Legal History of Harassment
Harassment Overview

2. LIABILITY STANDARDS FOR HARASSMENT
New Liability Standards
What Does “Tangible Employment Action” Mean?
Events That Are Not Tangible Employment Actions
Link Between Harassment and Action

3. THE IMPORTANCE OF GOOD SUPERVISORS
Designate Supervisor Status Carefully
Can a Supervisor Be Personally Liable for Harassment?

4. PROTECT YOUR COMPANY FROM HOSTILE ENVIRONMENT LIABILITY
When You Can Assert an Affirmative Defense to Harassment
Strive for a Harassment-Free Workplace

5. INVESTIGATE ALL ALLEGATIONS OF HARASSMENT
Perform a Prompt Investigation
Ensure That the Investigation Is Fair and Impartial
Ask the Right Questions
Decide Who Is Telling the Truth
Decide Whether Harassment Took Place

6. TAKE IMMEDIATE CORRECTIVE ACTION
How Fast Is Immediate?
What Type of Discipline Is Appropriate?
Make the Victim Whole

7. EMPLOYEE’S DUTY TO EXERCISE REASONABLE CARE
When Is an Employee’s Action Unreasonable