Equal Employment Opportunity Commission Study and Recommendations on Workplace Harassment
July 2016
On June 20, 2016, the Equal Employment Opportunity Commission (“EEOC”) presented their findings and recommendations resulting from a special task force study on workplace harassment.
According to the report, approximately 31% of the approximate 90,000 complaints received by the EEOC in 2015 included allegations of workplace harassment based on a protected class under federal law, namely sex (including sexual orientation and gender identification),pregnancy, race/color, religion, age, disability, national origin, and pregnancy.
The study noted that taking positive steps to address and eliminate workplace harassment leads to higher staff satisfaction and retention. It also results in cost savings to the employer. According to the study, between 2010 and 2015, employers spent approximately $698.7 to address harassment allegations in the pre-litigation phase alone.
Following are key risk factors that tend to give rise to workplace harassment claims as identified by the EEOC task force study:
- Workplaces where some workers do not conform to workplace norms;
- Cultural and language differences in the workplace;
- Coarsened/unprofessional social disclosure outside of the workplace;
- Workforces with many young workers;
- Workplaces with significant power disparities;
- Workplaces that rely on customer service or client satisfaction;
- Workplaces where work is monotonous;
- Workplaces that tolerate or encourage alcohol consumption;
- Decentralized workplaces.
Following are some of the solutions to workplace harassment proposed by the EEOC:
- Employers should assess their workplaces for the risk factors associated with harassment;
- Employers should conduct intra-department surveys and train mid-level managers and supervisors so as to be accountable for preventing and responding to grievances. Mid-level managers and supervisors should be trained on workplace diversity so as to be able to detect possible workplace harassment from the point of view of the individuals comprising the workplace.
- Employers should be wary of “zero tolerance” anti-harassment policies that are used as a one-size fits all model and should instead ensure that the discipline for the policy violation is proportionate to the offense. According to the study, even though employers have been encouraged to promote a “zero tolerance” for workplace harassment,such policies often discourage reporting that might cause a co-worker to lose his/her job.
- Most importantly,employers should ensure that training is preventative-driven and supported at the highest levels and routinely evaluated. The report emphasizes the effectiveness of “workplace civility” and“bystander intervention” training that focus on positive interactions and respect in the workplace along with empowering individuals to speak up when they witness harassment.
