Want to stop workplace harassment? Try a little civility

Six out of 10 LGBT workers experience derogatory comments on their sexual orientation, and half of all transgender employees report being harassed at work - harassment that in some cases includes sexual or physical assault.

Those statistics, cited in a 95-page federal report released Monday, follow this month's mass slayings in Orlando as the nation's attention is focused on the safety of the LGBT community.

"There is no question that there is bias against the LGBT community in some workplaces," said Philadelphia lawyer Jonathan A. Segal. Segal was one of 13 members of a panel appointed by the U.S. Equal Employment Opportunity Commission to study the issue.

The report also shows that six in 10 women experience "gender harassment" at work.

Issued by the EEOC in Washington as thousands of members of the Society of Human Resource Management were meeting there, the report takes a broad look at harassment on the job and what measures can be taken to counteract it.

"The importance of leadership cannot be overstated" in curtailing harassment of all types - by gender, race, age, disability, or sexual orientation, the report's authors wrote.

But leadership is not enough, nor are empty policies and training heavy with platitudes and generalities, the report said.

More important is a harassment-free workplace culture, particularly one modeled and enforced by middle-management and frontline supervisors.

Employees also need to see that complaints of harassment are addressed, and that powerful "superstar" employees are not excused from discipline, the report said.

The panel wants employers to "focus on what's unacceptable rather than what's illegal," Segal said.

"Even if doesn't rise to the legal level of harassment, if it disparages, demeans, or makes fun of, or is hostile to someone, it has no place in the workplace," he said.

"If you wait until it's illegal, you are going to be defending a claim in court," said Segal, who represents management clients as an employment-law partner at Duane Morris L.L.P.

Among the report's findings:

In addition to focusing on unacceptable behaviors at work, training could also emphasize "workplace civility," building cultures of respect and kindness. "Incivility is a gateway drug to harassment," Segal said. "If employers tolerate incivility or disrespect, it creates a fertile ground for harassment."

Companies should consider "bystander training," so employees who witness harassment of others can learn to intervene or report it.

Companies shouldn't be too self-congratulatory if their harassment hotlines aren't getting complaints. It may mean that employees don't have confidence in the system. If companies institute new, effective systems, complaints will likely increase before decreasing.

Workplaces more at risk for harassment include those with high performers, with employees from different nationalities, or with teenage or young-adult workers.

Boring workplaces can breed harassment, as employees look for diversion. Rude discourse outside the workplace also can translate to harassment on the job.

In their zeal to make things better, companies should avoid "zero tolerance policies," aiming instead for proportionate responses. Someone who wants harassment to stop but does not want to cost someone else a job may be reluctant to report a problem.

jvonbergen@phillynews.com 215-854-2769 @JaneVonBergen www.philly.com/jobbing

StartText

27,893

Complaints alleging harassment received by the EEOC in 2015.

$125.5M

Amount secured pre-litigation for employees alleging harassment.

33

Lawsuits filed by EEOC alleging harassment.

42

Lawsuits alleging harassment resolved by EEOC.

$39M

Amount secured for employees in EEOC lawsuits involving harassment.

SOURCE: U.S. Equal Employment Opportunity Commission.EndText