defining harassment

HighPlains

We have a workplace harassment policy (inclusive of all prohibited scenarios). Is there a way to define work place harassment (hostile)? We recently had an employee file a harassment complaint of their supervisor, when the supervisor confronted the employee regarding job performance. The confrontation was in private and tempers flared with both employee and supervisor. The day following the meeting, the employee filed a workplace harassment complaint. I think this was a performance issue and think harassment is more than a one time confrontation by a supervisor and would like to know if there is some suggested language that could eliminate frivilous complaints, such as this. the employee is a union member, the supervisor is not.

Parabeagle

A shouting match does not equal harassment (usually). However, we narrowly define harassment as "...including, but not limited to, threatening or offensive conduct directed toward a person's gender, sexual orientation, marital status, race, age, disability, religion, national origin, military status or any other status protected by law." An important lesson to be learned here is to ensure your supervisors have another management representative present when they are discussing performance shortcomings or disciplinary actions with another employee. That way there is a witness to what was said.

In the near term, even though a "harassment" complaint has been lodged, it will need to be investigated and you'll burn a lot of wasted time trying to deal with the matter even though it is frivolous. Been there, done that, have the T-shirt. Good luck.

Theresa Gegen TX

You are always going to get these types of issues, no matter what your policy says. And if you don't investigate at all, you will at somepoint get stuck with a discrimination claim and a claim that you did not take remedial action.

Investigation might just be getting with the employee to get the details on what occurred, then talking to the supervisor. In the end, you will probably find the claim not substantiated -- which may stop this employee from running to HR in the future.

But the supervisor should not have lost his or her temper with the employee. So this could be a training moment for the supervisor about appropriate counseling techniques.

Good Luck!

LindaS

I recently came upon a definition of harassment that may be of assistance. This is from a Canadian website but I think it may be applicable...

Harassment is defined as "any objectionable act, comment or display that demeans, belittles or causes personal humiliation or embarrassment, or any act of intimidation or threat". I hope this helps.

Rockie

Employees frequently throw around the term "harassment" when it simply means an unpleasant working environment. My understanding of the term "hostile work environment" within the context of the legal meaning is that some aspect of Title VII has to be involved. It cannot simply be that someone shouts at another person, refuses to talk to someone, is rude to someone, etc. While this is very unpleasant and should not be condoned, it I don't think it would fall under the term "harassment" in the legal sense.

Let me know if you guys have other opinions on this.

gillian2

You are exactly right!