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Harassment

Harassment  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 for cause.

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  and anti-harassment  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. 

FAST FACT

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:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm

  
 

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