Consequences of Workplace Violence
Lawsuits and Litigation
Increased Medical Expenses
Lost Morale resulting in Lower Productivity
Lost Work Time
Higher Worker’s Compensation Cost
Increased Liability
Corporation Shutdown
Forms of Workplace Violence
Workplace violence takes several forms; physical violence, harassment, verbal threats and non verbal threats.
Workplace harassment is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual’s race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is unwelcome if the employee did not solicit, instigate or provoke it, and the employee regarded the conduct as undesirable or offensive.
Sexual harassment is a form of sex discrimination that involves unwanted or unwelcome conduct of a sexual nature. This applies to harassment by a person against another person of the opposite sex as well as harassment by a person against another person of the same sex. The California Fair Employment and Housing Act defines sexual harassment as “harassment based on sex or of a sexual nature; gender harassment and harassment based on pregnancy, childbirth, or related medical conditions,” and includes many forms of offensive behavior.
- Verbal – Sexual innuendoes and other suggestive comments; racial or ethnic slurs; humor, jokes or teasing about sex, race, age, religion, disability or gender-specific traits; repeated requests for dates; sexual advances or propositions; comments about a person’s body, dress, excessive flattery or questioning of a personal nature; abusive language or insults; or threats.
- Visual or Non-Verbal – Leering or staring in a sexual manner; whistling or hooting; suggestive or insulting looks; vulgar sounds or gestures; offensive or hateful pictures, posters, calendars, cartoons or obscene e-mail; excessive attention in the form of love letters or gifts; or offensive or derogatory written materials.
- Physical – Inappropriate touching of the body (e.g., brushing, patting, hugging, pinching or shoulder rubs); kissing or inappropriate display of body parts; coerced acts of a sexual nature; physically blocking another individual’s movement, assault; exclusionary or demeaning actions or activities based on age, ethnicity, sex or race.
According to OSHA every employer must comply with the following directive; “Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to “furnish” to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”. Section 5(a)(2) requires employers to “comply with occupational safety and health standards promulgated under this Act”.
Basically, employers must due everything reasonably including offering programs to provide a safe and protected workplace. Most employers know that it is best to reduce exposure with preventive measures than to pay out for future damages. A little maintenance goes a long way.
Preventive Measures
Some General Steps that should be taken.
- Educate employees about safety procedures
- Clearly state what behaviors will not be tolerated
- Instructions on reporting violence in the workplace
- Outline policies to protect home healthcare givers
- Give field employees cell phones and other communication devices
- Prohibit employees from working where they don’t feel safe
- Add surveillance, alarm systems, additional lighting for the workplace
- Require id badges, security personnel or electronic access keys
- Maintain the least amount of cash necessary
Mandatory Measures
- The employer must take all reasonable steps to prevent discrimination and harassment from occurring. If harassment does occur, the employer must take immediate and effective steps to stop further harassment and correct any effects of the harassment.
- The employer must develop and implement a harassment preventive policy. The policy should describe the types of prohibited behavior, provide complaint procedures to follow, explain the investigation process, provide assurance that prompt and effective corrective action will be taken, and ensure that there will be no retaliation for either filing a complaint or for participating in an investigation.
- The employer must also educate its employees as to the kind of behavior that is to be avoided. The employer should tell employees that it is against company policy and against the law to harass another person in the workplace.
- The employer must have an effective mechanism to prevent and promptly correct any sexual or other harassing behavior.
- With the passage of AB 1825, effective January 1, 2006, all California employers with 50 or more employees are required by law to provide two hours of harassment training every two years for their managers and supervisors. All newly hired supervisors or individuals promoted into a supervisory role must be trained within six months of becoming a supervisor. Training must be at least two hours and must be interactive.
- The employer must post the DFEH employment poster in the workplace.
- The employer must distribute an information sheet on sexual harassment to all employees. The employer may use the DFEH 185 pamphlet or develop an equivalent document.
What is “quid pro quo” sexual harassment?
“Quid pro quo” (this for that) harassment occurs when an employee is offered some job benefit such as promotion, pay raise, etc., in return for sexual favors or is subjected to some adverse action because of a refusal to submit to a request for sexual favors.
What is “hostile work environment” sexual harassment?
“Hostile environment” harassment occurs when an employee is subjected to unwelcome or unwanted sexual conduct that is sufficiently pervasive or severe to alter the terms or conditions of the employee’s employment, such conduct unreasonably interferes with an employee’s work performance or creates an abusive, intimidating, offensive or hostile work environment. A manager, supervisor, co-worker, or even a non-employee such as a vendor, customer or third party can create a hostile environment.
What is the employer’s liability if it fails to deal with a harassment problem in the workplace?
The employer is responsible for the harassing conduct of its managers and supervisors in “quid pro quo” and “hostile environment” situations. The employer can also be liable for harassment of an employee by co-workers and even of non-employees, if the employer knew or should have known about the harassment and failed to take immediate and appropriate action. The employer must treat all complaints seriously, investigate them thoroughly, and document its efforts completely.
What factors determine whether an environment is “hostile?”
The EEOC has established the following factors to determine whether a hostile work environment has been created:
- Whether the conduct was unwelcome or unwanted;
- Whether the conduct was verbal or physical, or both;
- Whether the conduct was a one-time occurrence or was repeated (e.g., continuous period of harassment);
- Whether the conduct was hostile and offensive;
- Whether others joined in perpetrating the harassment; and
- Whether the harassment was directed at more than one individual.
How can an employee make sure that his or her conduct is appropriate at all times?
- Avoid behavior that demeans, degrades, abuses or shows disrespect to any individual.
- Recognize that the same remarks or gestures that seem acceptable to some people may be embarrassing or offensive to or unwanted by others.
- Consider how you would react if the same behavior were directed toward your spouse or family member.
- Ask yourself whether you would act the same way in front of your spouse, significant other, or child.
- Ask yourself how you would feel if your behavior were captured on video, reported in a newspaper, or featured on the nightly news.