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- According to federal laws, employers must establish policies and procedures that allow employees to seek resolution to discriminatory and harassing behavior in the workplace. If the targeted employee believes that there is a threat to his employment and that the unwanted behavior is likely to continue, the employer must have procedures in place to address the problem. Those procedures must at a minimum follow the laws provided for specific groups by the federal government but can go further in protecting those groups from unwanted behavior.
- An employer that knowingly allows racist discussions and the display and/or distribution of racist materials is fostering a hostile work environment. Other racist behavior, such as when employers have negative racial preferences against a specific group or groups of employees, can also contribute to the fostering of a hostile work environment.
- No employer should allow any of its employees to be subjected to inappropriate sexual behavior in the workplace. Sexual harassment is in play when an employee feels that she is being coerced into sexual behavior in order to protect employment or to secure advancement. Sexual harassment is also present when statements of a sexual nature are made as jokes or advancements and the behavior is unwanted, yet either not addressed or not mitigated by management.
- Employers must follow guidelines laid out by federal and state laws to maintain an environment free from harassment. Title VII of the Civil Rights Act of 1964 protects American citizens from being discriminated against or harassed based on sex, race, national origin or religion, and those protections are extended to the workplace. The Age Discrimination in Employment Act of 1967 protects employees from being targeted based on age, and the Americans with Disabilities Act of 1990 protects employees from being passed over for hiring or promotion and from being fired based on disabilities.
- An employer who does not provide avenues for employees to seek resolution of unwanted behavior is promoting a hostile work environment. The company's policies and procedures must clearly spell out the steps employees may take when subject to behavior they view as inappropriate and harassing. Once those avenues are exhausted, or if there are no avenues for resolution, the Equal Employment Opportunity Commission can get involved to ensure that no laws are being violated. Either the victim or a witness may report the offending company and the behavior and may do so as individuals or through an attorney, but the employer's avenues for resolution must be exhausted first.
Employer responsibility
Racist behavior
Sexual behavior
Legal issues
Employee resolution
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