If you own a small business, or an interest in a larger one, you are undoubtedly aware that there are a seemingly endless number of state and federal laws your business must abide by if it plans to stay in business. Among those laws are numerous anti-discrimination laws. Anti-discrimination laws cover acts of overt discrimination by an employer; however, they also prohibit harassment in the workplace by people other than an actual employer as well. As an employer, you need to know what an employer should do when there is a harassment problem in the workplace.

The word “harassment” means different things to different people; however, it has a very specific meaning when it applies to conduct in the workplace. According to the Equal Opportunity Employment Commission, or EEOC, harassment is defined as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” That conduct can become a violation of federal law when either of the following are true:

• Enduring the offensive conduct becomes a condition of continued employment OR
• The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

As an employer, it is important to realize that you are responsible not only for your conduct but also for that of your employees and even non-employees on the premises if their conduct amounts to harassment in the workplace.

Preventing harassment is the best way to avoid a violation of federal or state law. As an employer, you should consider taking the following steps to prevent becoming a defendant in a harassment complaint or lawsuit:

1. Implement an anti-discrimination training program that is mandatory for all new employees.
2. Communicate your stance on harassment in the workplace to everyone on the premises through posters, flyers, and your everyday actions.
3. Establish a complaint process that encourages anyone who feels discriminated against to file a formal complaint or grievance.
4. Take immediate action when a complaint is filed. Address the issue immediately and decisively so there is no question where your company stands on the issue of harassment in the workplace.

If you have additional questions or concerns about how to avoid violating state or federal anti-discrimination laws, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.