By Susan W. Kline

Experienced HR professionals know that, generally speaking, an employee has no viable claim for sexual harassment unless her workplace has become “hellish.” Nonetheless, savvy employers will take action long before offensive behavior adds up to an actionable claim of sexual (or racial or religious) harassment. By focusing on inappropriate behavior and nipping it in the bud, management can head off harassment claims by setting the example for sensitivity and respect for others’ views.

Does this Sound Familiar?

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Q:I have a couple of employees who just started using religious expressions (e.g., “God bless” and “Your friend in God”) in their e-mails. Another employee is offended by the e-mails and wants me to make them stop. Any words of wisdom?

A: In addition to prohibiting religious discrimination in the workplace, Title VII of the Civil Rights Act of 1964 imposes an affirmative duty to accommodate the religious beliefs and practices of your employees unless doing so constitutes harassment or poses an undue hardship on your business. Of course, you have the right to prohibit religious proselytizing in the workplace. However, simply signing e-mails with “God bless” or “Your friend in God,” while objectionable to some, doesn’t meet the definition of proselytizing or forcing a religious belief on others. Furthermore, undue hardship requires more than just proof that some workers complained of religious expressions in the workplace. The Equal Employment Opportunity Commission holds that undue hardship requires evidence that an individual’s religious expression was so severe and pervasive that it infringed on the rights of coworkers or caused a disruption of work.

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According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual  harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on the rise. These claims are resulting in costly settlements to resolve alleged behaviors that some employers may not even believe are  illegal.

Cheesecake Factory Has Big Portions, Big Settlement

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We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotypes associated with their group.

— U.S. Supreme Court
Price Waterhouse

Facts

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