Management Harassment at the Workplace

If an employee is subject to harassment by his or her managers while performing duties of employment, the employee may have a basis for filing an employment discrimination lawsuit. 

Is Management Harassment Against the Law?

Harassment constitutes a violation of federal law when there is discrimination based upon any of the following:

• race
• color
• sex
• religion
• national origin
• age
• disability
• genetic information
• participation by the employee in ongoing Equal Employment Opportunity Commission investigations

Requirements to File a Lawsuit Based on Workplace Harassment

A federal lawsuit based upon management harassment in the workplace must not only include discrimination based upon one of the above-listed criteria, but also a lawsuit must include allegations that the conduct was consistent, created a “hostile” work environment, or caused a “tangible employment action” which is defined as a “substantial change” in one’s employment. Such action includes a promotion, demotion, hiring, firing or a major change to one’s benefits.  For instance, a manager may promote an employee after making a sexual advance to the employee.  This action constitutes a “tangible employment action.”

When is an Employer Liable for a Manager’s Harassment?

An employer will only be subject to liability for management’s harassment if the employer failed to utilize reasonable care to remedy and further prevent continued harassment to the employee.  An employer may be able to defend against such a charge if the employer can demonstrate that the employee failed to come forward to give notice of the harassment and it was unreasonable for the employee to act in such a way.

What Can An Employer Do to Minimize the Risk of Liability for Management Harassment Claims?

One way an employer can reduce the risk of lawsuits stemming from management’s harassment is to develop a harassment policy.  This policy can be a team effort with labor management relations and employees and should set forth the particular procedure for the reporting of alleged harassment and exactly how the employer will handle the complaint.  Moreover, the policy should be in writing and posted at the work site.  Additionally, each employee should be given a copy of the policy and should be asked to review and sign the policy.

Help for Harassment Issues at Work

If one believes he or she has been the subject of management harassment, one may seek to consult with an experienced employment law attorney.  An experienced employment law attorney can not only review the matter, but also the attorney can determine what course of action one may have.  The attorney can assist in directing one towards the most appropriate course of action and help to navigate in this complex area of law.