||Oracle Tips by Burleson
is defined as unwanted conduct
based on an employee’s race, religion, gender, color, age, national
origin, age, disability, sexual orientation, citizenship, or any other
legally-protected category. The submission to or rejection of this
conduct by an employee may be used in the decision to fire an employee
Typically, the unwanted conduct creates an
intimidating work environment. Harassment does not
necessarily only apply to the person to whom the unwanted conduct was
directed. Any employees indirectly affected by the harassment may also
file a harassment claim.
Any form of harassment is unacceptable in the
workplace and every employee is entitled to being treated with basic
dignity and respect. An IT organization and any other department for
that matter will not operate cohesively in an atmosphere of abuse.
Therefore, harassment should not be tolerated and severe consequences
should be dealt to the offending individual.
There are many state and federal laws that require
employers to establish anti-discrimination
policies. Regardless of whether
such requirements apply to the employer, it is always in the best
interest of the employer and employees that these policies exist.
There has been a
steady increase in the number of harassment charge receipts by the
Equal Employment Opportunity Commission (EEOC) related to race, sex, and national origin.
Harassment - Case 1
In the case of
Montero v. AGCO Corporation, the employer successfully defended
a lawsuit that claimed the employer was responsible for the harassment
perpetrated by its supervisors. The employer had taken the prudent
steps of publishing its sexual harassment policy and yearly notices to
all of its employees. The employer had conducted adequate
investigations soon after their awareness of the harassment. The
harassing managers were subsequently disciplined or fired.
The above book excerpt is from:
Firing Computer Professionals
manager Guide for Terminating "With Cause"