Workplace Harassment
What is Harassment?
The Equal Employment Opportunity Commission (EEOC) defines harassment as any unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).
Harassment can take many forms. It can be verbal, written, or physical conduct, including but not limited to jokes, slurs, name-calling, physical assaults, threats, intimidation, ridicule, insults, put-downs, and offensive objects or pictures.
The harasser can be an immediate supervisor, a supervisor in another area, a coworker, a customer, or a vendor. The person being victimized does not have to be the person being harassed but can be anyone affected by the offensive conduct.
A supervisor who gives an employee constructive criticism or coaching to improve their performance is not engaging in harassment – management’s job is to direct the workforce. But, if their criticism is ongoing and degrades an employee, it could meet the EEOC definition of harassment.
How to Represent Your Members
Keep in mind – something doesn’t have to rise to the level of being unlawful for you to speak up. We need to work with our Union Representatives, members, and employers to ensure that all workers feel safe and free from harassing and hostile behavior at work. This makes their work life better and our Union stronger.
1. Speak up if you see inappropriate behavior. Just as you would make sure the contract is enforced and the workplace is physically safe, make sure that members are safe from harassment. Be more than a bystander; speak up!
2. Support the person making the complaint: ensure they feel heard, provide a safe and confidential space to discuss the issue.
3. A member may ask that you accompany them to human resources to file an official complaint, or they may go directly to the employer, and you become involved afterward.
What if it is Member-on-Member?
If the harassing behavior is coming from another union member contact your Union Representative for additional steps.
Remember, if a member comes to you and says they are being harassed, the allegation must be taken seriously and investigated properly and promptly. Document all your communications with the complainant, witnesses, and anyone else pertinent to the investigation. Based upon the merits of the case, it should be determined what actions will be taken and the affected member(s) should be communicated with and represented fairly throughout the entire process.
Remember, it is management's responsibility to provide everyone with a harassment free workplace and it is our job to hold management accountable.
