Creating an intimidating work environment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.Title VII applies to employers with 15 or more employees, including state and local governments.Prevention is the best way to avoid liability for a hostile work environment.If you discover or receive reports of harassment at your business, prompt action should always be taken to correct it.A hostile work environment exists when there are unwelcome comments or conduct based on sex, race or other legally protected characteristics un-reasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.If you are being subjected to endure a hostile work environment, contact our Central Florida employment law attorney today by calling Toll Free at (866) 680-4529 to speak with an experienced Orlando Hostile Work Environment Lawyer who diligently protects the legal rights of those who require professional legal services involving hostile work environment disputes.As an employer, "hostile work environment" is a phrase you've probably heard many times. Equally as important: It can lead to unhappy employees and lower productivity. Contrary to what some employees might think, a rude supervisor, an annoying coworker, or an isolated incident generally won't create a hostile work environment. The conduct also doesn't necessarily need to be offensive to the person it's directed toward, but can also be offensive to employees who observe it. Maintaining a hostile work environment at your business can create liability for harassment claims and other employee lawsuits. What Makes for a Hostile Work Environment First, it may help to consider what doesn't create a hostile work environment. Equal Opportunity Commission (EEOC), a hostile work environment: This conduct can be on the part of supervisors, coworkers, agents of the employer, and even non-employees.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
The reasonable person standard includes consideration of the perspective of persons of the same race, color, religion, gender, national origin, age, or disability as the harassment victim.
For example, if a female employee complains of harassment, make sure in applying this test that you take the perspective of a woman, not a man.
If, in the perspective of another woman, you would find this conduct harassing, it probably is.
Although harassing conduct must be objectively viewed as creating a hostile work environment to be unlawful, the subjective perception of the particular harassed employee is still significant.
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And on that point: Don't just dismiss a worker's complaints as "no big deal," especially if the worker has evidence he or she is being harassed.