Earlier this summer, the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued its long-anticipated Report, in four-part format and an Executive Summary that we link here for your information and guidance.  The Summary provides a superb and convenient overview of the 88-page report.

Here are some of the Report’s highlights:

Workplace Harassment Remains a Persistent Problem. As recent national news has shown, and the Select Task Force study confirms, workplace harassment persists as a national problem:  about a third of the EEOC’s 90,000 annual complaints from 2015 included workplace harassment charges.

Workplace Harassment Too Often Goes Unreported. Roughly three out of four individuals who experienced harassment never even talked to a supervisor, manager, or union representative about the harassing conduct. Employees who experience harassment fail to report the harassing behavior or to file a complaint because they fear disbelief of their claim, inaction on their claim, blame, or social or professional retaliation.

It Starts at the Top – Leadership and Accountability Are Critical. Workplace culture has the greatest impact on allowing harassment to flourish, or conversely, in preventing harassment. Effective harassment prevention efforts, and workplace culture in which harassment is not tolerated, must start with and involve the highest level of management of the company. At all levels, across all positions, an organization must have systems in place that hold employees accountable for this expectation. Accountability systems must ensure that those who engage in harassment are held responsible in a meaningful, appropriate, and proportional manner, and that those who prevent or respond to harassment should be rewarded for doing their job well – or penalized for failing to do so.

Training Must Change. Much of the training done over the last 30 years has not worked as a prevention tool – it’s been too focused on simply avoiding legal liability. Effective training can reduce workplace harassment, and ineffective training can be unhelpful or even counterproductive. Effective training must be part of a holistic culture of non-harassment that starts at the top. One size does not fit all: Training is most effective when tailored to the specific workforce and workplace, and to different cohorts of employees. When trained correctly, middle-managers and first-line supervisors in particular can be an employer’s most valuable resource in preventing and stopping harassment.

The Task Force emphasizes training for the purpose of prevention.  It also focuses on the need to train young people before they enter the workplace, so they know how to identify and deal with pervasive harassment.

Workplace “civility training” focuses on promoting respect and civility in the workplace generally, as opposed to avoiding only illegal harassment. Civility and avoidance of bullying behavior is a trending topic.

It’s On Us. Harassment in the workplace will not stop on its own – it’s on all of us to be part of the fight to stop workplace harassment. We cannot be complacent bystanders and expect our workplace cultures to change themselves. For this reason, It’s on Us campaigns could be useful for the workplace. Originally developed to reduce sexual violence in educational settings, the It’s on Us campaign is premised on the idea that students, faculty, and campus staff should be empowered to be part of the solution to sexual assault, and should be provided the tools and resources to prevent sexual assault as engaged bystanders. Launching a similar It’s on Us campaign in workplaces across the nation – large and small, urban and rural – may seem like an audacious goal. But doing so could transform the problem of workplace harassment from being about targets, harassers, and legal compliance, into one in which co-workers, supervisors, clients, and customers all have roles to play in stopping the harassment.

Recommendations.  The Report provides recommendations for every single area that it covers, which is probably the best feature of the Report and the Summary.  There are 50 recommendations for immediate review and implementation in the workplace, which are worth their collective weight in gold.

CONCLUSION. Anti-harassment and retaliation trainings continue to be a solid liability avoidance technique, but such trainings will be much more successful for workers and workplaces when they help eliminate behaviors that lead to harassment and retaliation claims in the first place.

If you are having a crisis or concern about a workplace discrimination or retaliation matter, you should speak with our experienced employment law attorneys for workers.  We are “compassionate counsel and tough advocates.” The Law Offices of Hanan M. Isaacs, P.C., will investigate the facts, explain the law, and recommend the best course of action for you, whether by negotiations, alternative dispute resolution, or litigation.  Contact our offices today by phone at 609-683-7400 or online. We will arrange for a near-term and reduced fee initial consultation at our conveniently located Central Jersey offices.  Call now.  You will be glad you did.