Workplace protections against harassment go beyond the workplace

Many people think that the rules prohibiting workplace harassment and discrimination only apply when they’re actually in the workplace. That may have been generally true at one time. However, since many people often interact with their colleagues and managers through their phones and computers these days, the “workplace” has drastically expanded. Employers are just as responsible for employees engaging in sexual harassment or discriminatory language or behavior toward fellow employees via phone call, text, online or on social media as they would be if it occurred at work. That’s true even if it’s outside of work hours. This has been an evolving area of employment law – one that was jump-started during the time in recent years when many people were working from home and offices were empty. A lot of bad behavior continued and even worsened because people felt more comfortable to speak in ways they normally wouldn’t when they were with someone “in person.” An “extension of the workplace” Courts have determined that electronic communications are an “extension of the workplace” and that harassing and discriminatory behavior there can create a “hostile work environment” for an employee. Further, the federal government has levied some serious penalties on employers that didn’t act when an employee reported such behavior. A large electronics retailer was ordered by the Equal Employment Opportunity Commission (EEOC) to pay $2 million for not taking action when an employee reported that her store manager was sending her sexually harassing texts. Another employer was ordered to pay $1.6 million for failing to deal with employees who were harassing a disabled colleague on his blog. It’s crucial for employees to understand that their protections against workplace harassment and discrimination are not limited by the walls of their workplace. It can and should be reported. Fortunately, this type of harassment is often easy to prove because the evidence can be easily saved. If you’ve reported harassment and/or discrimination to your employer and they’ve failed to investigate or take appropriate action or you’ve suffered retaliation for reporting it, it may be time to get legal guidance.The post Workplace protections against harassment go beyond the workplace first appeared on Rosenberg Sprovach Attorneys at Law.