Harassment

by Practical Law Labor & Employment

A Practice Note that describes prohibited workplace harassment and provides guidance for employers on minimizing the risk of harassment claims. This Note discusses key federal statutes prohibiting harassment, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). It also addresses the impact of legislation like the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). This resource explains common theories of liability, such as quid pro quo and hostile work environment (HWE) harassment, and outlines the elements required to establish a claim. It examines employer vicarious liability for harassment by supervisors and co-workers, as well as the critical Faragher-Ellerth affirmative defense available in certain HWE cases. This Practice Note offers practical guidance on developing effective anti-harassment policies, conducting training, investigating complaints, and implementing corrective actions.