Written by Christine Walters
Answer? Very carefully! The good news is that in the last five, consecutive years, the number of charges filed with the U.S. Equal Employment Opportunity Commission has decreased every year. The bad news is that of all the charges filed, the percentage of “No Reasonable Cause” determinations has also decreased each year for the last three years.
A key in handling harassment is trying to prevent it from occurring. According to the U.S. Supreme Court since 1998, when it comes to harassment by a supervisor or manager, employers must take reasonable care to both prevent and correct unlawful harassment. When an employee is harassed by coworkers or third parties, the employer may be liable if it knew or should have known about the harassment but failed to take preventive or corrective measures.
So, what’s an employer to do? In 2017, the EEOC published, “Promising Practices for Preventing Harassment.” Topics include: Leadership and Accountability, Comprehensive and Effective Harassment Policy, Effective and Accessible Harassment Complaint System, and Effective Harassment Training.
Of course, no policy, practice, or procedure is full proof. If an employee expresses a concern related to harassment, the EEOC expects employers to:
- Conduct a “prompt, thorough and neutral investigation”.
- Assure employees that the information they provide, including as a witness, will be kept confidential to the extent possible and permitted by law.
- Remind employees that they may not be subject to retaliation for participating in the investigation.
- Take prompt, corrective measures, when appropriate.
What Else Is Important For Maryland Employers To Know?
- Unlike federal anti-discrimination laws, Maryland’s highest court ruled nearly 30 years ago that our Fair Employment Practice Statutes apply to all Maryland employers as a matter of public policy, even those with fewer than 15 employers. (Brandon v. Molesworth, 1994)
- Last year, a new law expanded Maryland’s definition of workplace harassment. The conduct need not be “severe” or “pervasive” to be unlawful. Thus, an isolated and offensive comment based on a person’s actual or perceived protected status, like age, race, sex, religion, etc., might constitute unlawful harassment.
- Maryland provides greater employment protection than federal law. In addition to those protected under federal law, Maryland adds: any age (not just age 40 and above), marital status, and certain hair styles or textures associated with race (braids, twists, locks).
- Know the laws of the localities where you employ employees. We have at least five counties and Baltimore City that provide even more employment protections than under federal or Maryland state law.
Bottom line? Demand respect and civility in your workplace from and to everyone. Educate your staff, supervisors, and managers about their rights as well as their responsibilities to report unprofessional conduct. Doing so can go a long way in preventing escalating behaviors that may lead to legal liability. As always, talk to your company’s legal counsel for guidance.
