{"id":3215,"date":"2017-06-20T09:14:01","date_gmt":"2017-06-20T13:14:01","guid":{"rendered":"https:\/\/www.healthadvocate.com\/site\/?p=3215"},"modified":"2020-01-14T17:29:38","modified_gmt":"2020-01-14T22:29:38","slug":"disrespect-become-harassment","status":"publish","type":"post","link":"https:\/\/www.healthadvocate.com\/site\/article\/disrespect-become-harassment","title":{"rendered":"When Does Disrespect Become Harassment?"},"content":{"rendered":"

By Christina Folz | SHRM Conference Today<\/strong><\/p>\n

To promote a safe and respectful workplace, HR should take both seriously<\/em><\/p>\n

There is no law against being a jerk\u2014but that doesn\u2019t mean employees waive their right to function in a respectful environment when they come to work every day.<\/p>\n

\u201cThe line between disrespect and harassment is very thin,\u201d said Matt Verdecchia, a senior trainer with Health Advocate\u2019s EAP+Work\/Life division, during a concurrent session at the SHRM 2017 Annual Conference & Exposition. \u201cWe need to be more sensitive to insensitivity.\u201d<\/p>\n

It\u2019s up to HR professionals to build cultures of tolerance and kindness, because doing so is the best way to ensure that bad behavior doesn\u2019t turn into illegal harassment, Verdecchia said. He spelled out the following differences between harassment and disrespectful behavior.<\/p>\n

Harassment<\/strong><\/p>\n

Harassment is unlawful conduct focused on \u201cwhat\u201d a person is, based on the protected factors laid out in Title VII of the Civil Rights Act of 1964, Verdecchia said. These include race, religion, national origin, sex, age, disability, military status and sexual orientation.<\/p>\n

The classic example, in which a manager tells an employee that his or her job is contingent on engaging in sexual activity, is referred to as quid pro quo harassment. But the second form\u2014wherein an employee is made to feel uncomfortable by another worker\u2019s discriminatory behavior\u2014can be difficult to distinguish from garden-variety disrespectfulness.<\/p>\n

\u201cHostile work environment is far different and far more frequent [than quid pro quo],\u201d Verdecchia said. He cited the example of someone telling a racist joke within earshot of another employee. \u201cWhere\u2019s the line? Is it reasonable that someone could think that type of behavior could have an impact on somebody\u2019s ability to do their job?\u201d<\/p>\n

To meet the legal requirement for harassment, the conduct must be both unwelcome (and the offender must be made aware that it is unwelcome) and pervasive, Verdecchia noted.<\/p>\n

\u201cMost one-time incidents do not constitute harassment,\u201d he said. For example, one employee telling another that she is \u201chotter than Atlanta asphalt in July\u201d is not necessarily harassment\u2014if the offender makes no additional remarks after being told the comment was inappropriate.<\/p>\n

Other important facts about harassment:<\/p>\n