Being a pro-labor society, federal and state laws have been created to protect workers from unfair labor practices such as discrimination, harassment, hostility, and retaliation.
According to a recent study, one of the most common forms of employment harassment involves sexual advances and abuses which affect nearly 80 percent of women.
Professor Anthony LaMontagne, who examined different types of employment contract and its relation to sexual harassment, said that 79 percent of women have experienced unsolicited sexual advances.
LaMontagne said the likelihood of experiencing sexual harassment increases by 5 percent and 10 percent if a woman is employed in casual and contract jobs, respectively. With these findings, researchers worry that harassment and hostility in workplace can adversely affect women’s mental condition and physical health.
LaMontagne also said that unhealthy practices in employment should be eradicated to allow women to work in a safe and secure environment.
To prevent harassment and hostility in workplace, the Equal Employment Opportunity Commission (EEOC) has provided a list guideline for employers to prevent abuses and unfair labor practices in their companies:
• Inform employees about the company’s anti-discrimination policy and provide them with training and awareness programs. Also, hold regular meetings with supervisors to remind them of their responsibilities.
According to studies, most cases of discrimination and harassment are caused by ignorance.
• Create a grievance process that will allow victims of harassment or discrimination to file their complaints. By doing so, an employer may avoid discrimination lawsuit, saving him/her from paying thousands or even millions of claims.
Meanwhile, it is important that employers should assign a credible and just employee who has a level of authority to manage the grievance process.
• If there is a complaint, employers, who are responsible in providing a safe workplace, should investigate this no matter how trivial the case might seem.
• When investigating a complaint, secure documents and other files relevant to the harassment case.
• Do not discourage employees from filing harassment or discrimination complaints, especially those who will file their case to labor department and other federal agencies (instead of filing their case in the company’s grievance process).
• Employers should not retaliate against their workers who file a complaint against their companies.
Retaliation such as physical and verbal assault, demotion, termination, reducing salary, and fringe benefits denial is illegal and claims for such practices may cause employers thousands or millions of dollars in settlement.
• Make interim decisions to prevent harassment and abuses from happening while involved parties are still waiting for the final decision.
For example, employers should designate the accused from another area to prevent confrontations with the plaintiffs.
• If the investigation reveals that there is harassment, employers should make the necessary action.
When the harassment is serious (such as sexual abuses, physical assault), employers should immediately terminate a worker. However, if the offense is not severe (e.g. showing of nude photos) companies should provide necessary penalties such as warning and suspension.
