Protecting Your Business From Hostile Work Environment Claims
Keeping your employees’ work environment positive, productive, and encouraging is key for maximum output and limited issues amongst coworkers. Hostile work environment claims can have a profoundly negative impact on your company’s reputation, legal fees, and ability to attract and retain new talent. As a Southern California employer, it’s important to have steps in place to minimize hostile work environment complaints and address legitimate complaints as soon as they arise. Our business and employment advising lawyers in Long Beach can help—call the Law Offices of Robin D. Perry & Associates at 562-216-2944 to set up a consultation with our team now.
It’s important to recognize that a hostile work environment complaint is not necessarily the same thing as an actual hostile work environment. This term has been used in such a widespread manner that laypeople now often use it to refer to any work environment where they don’t feel productive due to disagreements with coworkers or limitations on where, how, and when they work. There are specific criteria that must be met for a hostile work environment complaint to have any teeth, and that’s one of the benefits of working with an employment advising attorney.
An Overview of Hostile Work Environment Claims
A hostile work environment is one in which an employee is exposed to severe and/or pervasive inappropriate conduct to the extent that their working environment could be considered abusive. Employers have a legal obligation to step in immediately when such an environment exists to protect employees—ideally, employers will have safeguards in place that prevent such an environment from ever taking root.
Harassment does not have to involve a supervisor or manager targeting an employee; harassment between employees, clients, job applicants, and independent contractors can also constitute a hostile work environment. Common issues that may lead to these claims include sexual behavior or comments, ongoing mean-spirited or alienating jokes, and other forms of abusive conduct.
Crafting Strong Policies and Procedures
One of the most important ways to protect your business from hostile work environment claims is to have clear policies and procedures in place that all employees are held to. These policies should promote an inclusive and respectful workplace environment. Not only should these policies outline which types of behavior are not acceptable, they should also specify an employee’s rights if they are targeted and disciplinary measures that will be taken against offending employees.
Empowering Employees Through Training and Education
Ongoing training and education curbs hostile work environment claims in two ways. First, by creating an environment where diversity and inclusion are supported, you empower employees to speak up when they are being treated inappropriately by coworkers or superiors. Second, taking this step also shows those who would mistreat employees that their actions will not be tolerated at your place of business. This allows those who rely on a toxic environment to control and hassle coworkers to filter themselves out and leave your company alone.
Addressing Complaints Swiftly and Thoroughly
No matter how much prevention you do, there’s always the possibility that unacceptable behavior will slip through before you can catch it. That’s why you must also commit to addressing complaints immediately and handling them as outlined in your policies and procedures. Even if that means disciplining a high performer or a high-ranking manager in your company, you cannot sacrifice other employees’ wellbeing. This means prioritizing employee confidentiality and protecting employees from retaliation. Unfortunately, retaliation is fairly common after hostile work environment claims, particularly if the offending party has any power over the affected employee. You have to back up your strong policies and procedures with enforcement, and ensure that the employee who has been made to feel unsafe feels protected by your company.
Documentation of Concerns
When concerns arise, documentation is essential. Proof that you have taken appropriate action in response to concerns can be incredibly helpful should a lawsuit follow a complaint. You want to document all the steps your company takes to create a safe work environment for every employee.
Choose the Employment Advising Attorneys at Robin D. Perry & Associates
Extensive planning can help your business thrive and avoid costly lawsuits. That’s where our team of Long Beach business and employment advising lawyers can help. Set up a consultation now to discuss your concerns, as well as your current and ongoing needs. You can reach us online or by phone at 562-216-2944.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
