Indiana businesses that are selling a service or product have plenty to worry about when trying to turn a profit and pay their debts. This is true for large corporations, small and mid-sized operations. If they are confronted with workplace issues, it can be costly in a seemingly endless list of ways. This is particularly true with allegations of workplace harassment.
Not only can it cost them financially, but their reputation can be undone simply due to an accusation that it allowed workers to be harassed or did not act to put a stop to it when it was reported. Having a legal defense is crucial when these allegations are made. However, sometimes the best strategy is to have policies in place that will ensure employees at all levels recognize harassment and know how to address it.
Understand what constitutes workplace harassment
The Indiana State Personnel Department provides information about harassment, how to recognize it, and strategies to prevent it. There is a presumption when hearing the word "harassment" that it is solely related to sexual harassment. While that is one of the most prominent ways in which workers are harassed, it is not the only way. Other areas in which it can occur is bullying, making unwanted comments, or behaviors that make the workplace uncomfortable for people in a certain protected class.
Regarding sexual harassment, if a worker exhibits various behaviors such as asking for sexual favors, making unwanted advances, or making sexual comments physically or verbally, it is considered sexual harassment. When the victim is penalized for a failure to submit, it can make the employer's problems worse. With that, there needs to be a complaint procedure that gives an aggrieved worker an outlet free from fear of reprisal.
If the harassment is based on protected class like race, national origin, sexual orientation, gender identity, age, or religion, then this too can be cause for a legal claim. There is a fine line between harmless joking that would not be considered harassment and negatively impacting the worker's ability to do their job.
When there are harassment accusations, the employer will need to take a description of it in writing. The employee must also feel safe in making the claim without thinking about the possibility of the situation getting worse or being penalized further for reporting it.
How can an employer address harassment beforehand?
Employers should take preventative measures to stop harassment before it reaches a point where it causes them problems and leads to threats of legal claims. Workers should be educated and trained as to what constitutes sexual harassment. This is true for all workers. But it is especially important for those in supervising and managerial positions.
The policies as to what will be done when harassment allegations are made and proven is key. Employers need to be aware that they could face sanctions for that type of behavior. Alleged victims must have a complaint process to inform the employer so the worker feels protected and free to speak out. Frequent updates to the policy are also crucial.
Professional help can address harassment issues
Harassment is understandably viewed from the victim's perspective. However, the employer needs to understand they too have rights and responsibilities. Having comprehensive policies in place can prevent some incidents. Even after allegations are made, the employer can protect their interests by responding appropriately. Knowing how to do so based on the law requires professional guidance experienced in employment law for employers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
