The court system is less tolerant than ever of harassment and discrimination in the workplace. Claiming ignorance as a defense won't cut it anymore. Employers and supervisors are now expected to know better, know the law, and be trained on it. If you want a workplace that’s free from harassment and discrimination, it needs to start from the top, and everyone needs to be involved.


Here are our top five takeaways when talking about avoiding harassment and discrimination:


  1. This is an issue that matters. Understanding what constitutes discrimination and harassment gives employers the ability to make smart employment decisions that will help them avoid claims and the costs of litigation. Not only does this make smart business sense in avoiding the costs of discrimination claims, but by stopping discrimination from occurring, employers create work environments where employees are respected and feel protected. And thus, a happier and more profitable environment is created.


  1. Knowledge is key. From the top to the bottom of the workforce, everyone needs to understand what behaviors are and are not tolerated and what processes employers have in place for dealing with issues and investigating complaints. It does little good if those with knowledge do not share it with the employees who need it most. Time and time again, employers are blindsided by what is considered by some employees to be normal human interactions but are in truth discriminatory and harassing behavior. The more everyone knows about what is expected of them, the better equipped the organization is to avoid discrimination claims.


  1. Antidiscrimination laws are broader than you might think. Everyone is protected by Title VII of the Civil Rights Act, and many people are protected by other laws as well. Everyone can be discriminated against or harassed, and everyone can engage in discrimination or harassment. This is all the more reason to create a culture where everyone is treated with respect.


  1. Processes for reporting discrimination and harassment are important. Employees should have clear guidance on how they should report incidents of discrimination and harassment that they witness or experience. Those receiving reports should have specific well-defined processes that are always followed when such reports are received. By making this all clear, employees are more likely to address problems in the first instance and thus avoid the pitfalls of delayed or inconsistent reporting.


  1. The legal landscape is ever-changing. New legislation, such as the recently enacted Pregnant Workers Fairness Act, can change employees’ rights and employers’ duties. Court decisions, such as the Supreme Court decisions in Bostock v. Clayton County, which expanded Title VII’s protections for sex-based discrimination, and in Groff v. DeJoy, which clarified how employers are obligated to handle requests for religious accommodations, change in both small and large ways how laws are interpreted. Employers need to make sure that their understanding of how to comply with these laws is based on the most current information available.   


These takeaways are just the tip of the iceberg when it comes to avoiding claims of harassment and discrimination. However, recognizing the importance of this issue not only safeguards your business from costly claims but also fosters a work environment built on respect.


If you need more information or training, these topics are covered in Session 2 of Law for Leaders and are accompanied by useful checklists and guidelines. Similarly, if you have any questions reach out to IEL at (208) 901-3912 or [email protected].