COMMON SOURCES OF WORKPLACE HARASSMENT

EEOC's Report on Common Sources of Workplace Harassment

The Equal Employment Opportunity Commission (EEOC) convened a Select Task Force to study workplace harassment. The task force was established in 2015 and published its report in June 2016. The report identified workplace conditions that may increase the risk of harassment or make it harder to prevent or report. It also considered conduct that may not itself be unlawful but could help create conditions where unlawful harassment occurs. These are risk factors, not proof that harassment has happened. Read the EEOC’s report and view its chart of risk factors.

No. 1. The Workplace Lacks Diversity. A workforce with little diversity can leave employees in the minority feeling isolated or vulnerable to pressure. The EEOC chart recommends paying attention to work groups with low diversity and to relationships within and among those groups.

No. 2. Employees Are Segregated into “Silos.” Cultural or language differences, separation into groups, and workplace cultures that tolerate crude or demeaning remarks can all contribute to risk. Clear, accessible policies and a respectful workplace culture can help address these conditions.

No. 3. Harassment by Individuals with Power in the Company. Significant power differences can leave employees feeling vulnerable or unsure whether reporting will help. The chart also notes that especially valuable employees may believe workplace rules do not apply to them—or that employers may hesitate to hold them accountable. Clear reporting options and consistent accountability can help reduce these risks.

No. 4. Work Situations that are Remote from Leadership. In decentralized workplaces, leaders may be physically or organizationally removed from front-line workers. Employees who work alone or have little contact with others may also have fewer witnesses or less access to reporting channels.

No. 5. Boredom at Work Can Contribute to Inappropriate Behavior. Repetitive or low-intensity work may create boredom or frustration. The EEOC chart notes that harassing behavior can become a way to vent frustration or relieve boredom. This describes a potential workplace risk, not a prediction about a particular job or employee.

No. 6. Alcohol Consumption. Alcohol use during or around work hours can reduce inhibitions and impair judgment. Employers can set clear expectations for work-related events and respond when they learn of inappropriate conduct.

No. 7. Outside Issues Find Their Way into the Workplace. Heated public discussions about current events can affect workplace interactions. The EEOC recommends that employers anticipate subjects likely to arise and remind employees of workplace conduct expectations.

No. 8. Younger Employees May Be More Vulnerable. Younger workers, especially those in their first jobs, may be less familiar with workplace norms or less confident raising concerns. This is a potential risk related to experience and power differences; it does not make younger employees responsible for harassment.

No. 9. Employees Working in Customer Service Roles. Customer-service employees may worry that objecting to inappropriate conduct will cost a sale or tip. Employers should not let a “customer is always right” approach prevent them from addressing reports of unwelcome behavior.

The 2016 report is a prevention resource, not a legal test for whether a particular situation is unlawful. For a current overview of federal workplace harassment law, see the EEOC’s harassment page.

For questions about a workplace harassment concern or how to respond, contact us at Lundell Law Firm or schedule an initial consultation. Based in Monroe, the firm serves clients in Union County and the surrounding region.