Harassment is a kind of employment discrimination. Harassment is an undesirable behavior because of race, color, religion, sex (including pregnancy), ethnic origin, age (40 years or above), disability or genetic information. If the behavior is serious or widespread enough to create a work environment that rational people will think is intimidating, hostile or abusive, harassment constitutes illegal behavior. To testify or participate in any investigation or litigation in any way with respect to allegations of discrimination under these laws; Or against the employment behavior that individuals have reason to believe is illegal and discriminatory against individuals. The Anti discrimination Law also prohibits harassment of individuals to achieve the purpose of revenge.
Minor incidents of contempt, annoyance and isolation (unless extremely serious) are not illegal. It is illegal to let the working environment pose a threat, hostility or offence to normal people.
Offensive behaviors include but are not limited to: offensive jokes, slanders, nicknames, personal attacks or threats, threats, ridicules, insults or belittles, offensive objects or pictures, and affecting work performance. Harassment may occur under various circumstances, including but not limited to the following:
The victim's supervisor, the supervisor of other departments, the employer's agent, colleagues or non employees may be harassers.
The harassed person may not be the victim, but any person affected by the attack may be the victim.
The occurrence of illegal harassment does not necessarily lead to economic damage or dismissal of the victim.
The best way to eliminate workplace harassment is prevention. Employers are encouraged to take appropriate measures to prevent and correct unlawful harassment. They should make it clear to employees that unwelcome harassment is not tolerated. They can achieve this by establishing an effective complaint or grievance process, providing anti harassment training to their managers and employees, and taking appropriate action immediately when employees complain. Employers should strive to create an environment where employees can freely raise concerns and are confident that their concerns will be resolved.
Employees are encouraged to inform the harasser directly that such behavior is not welcome and must be stopped. Employees should also report harassment to management as early as possible to prevent escalation.
Employer's Responsibility for Harassment Control
If the Employer knows or should have been aware of the harassment, and fails to promptly take appropriate corrective measures, the Employer will be responsible for the harassment of non-competent employees or non-employees under their control (e. g., an independent contractor or a customer in the workplace).
When investigating the harassment charges, review the entire record: including the nature of the behavior, and the context of the alleged events. Whether the harassment is serious or widespread enough to be unlawful depends on the circumstances.