At some point, most employers will receive a complaint involving employees who do not get along. Sometimes, the conflicts are relatively minor, perhaps involving a personality mismatch and ongoing tensions (Judy doesn’t appreciate Jim’s tendency to socialize in the office and doesn’t hide her irritation, for example). Other times, they might arise to levels that implicate an employer’s policies, or even the law. So how can an employer know when an employee dispute is a mere annoyance or something more nefarious? It’s important to look out for certain signs that can help an employer know whether they are dealing with a more serious situation, including policy violations or legal liability.
Unlawful Harassment
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, national origin, and sex. Other federal and some state laws expand those the prohibition to other protected classes, including based on pregnancy, marital status, age, and gender identity, among others. One form of discrimination is harassment, which the EEOC defines as “unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information . . .” If the harassment involves a pattern of conduct that is severe or pervasive enough to constitute a hostile work environment that a reasonable person would consider abusive or intimidating, the harassment qualifies as an unlawful employment practice. A one-off comment or “petty” incidents may be offensive to a listener, but they may not rise to the level of a hostile work environment.
There are other forms of unlawful harassment, including if enduring the harassment becomes a condition of one’s continued employment. It is key for employers to keep in mind that if the alleged harassment involves a target that belongs to a protected class and is alleged to be caused by that protected class status, they may be dealing with a legally thorny path ahead.
Bullying in the Workplace
In other cases, employers might receive complaints that an employee is being harassed, but the harassment does not involve any protected class status on the part of the target. For example, an employee may allege she is being teased regularly about her clothing, body size, hygiene, or another characteristic that does not involve the protected classes included in Title VII. This scenario may not present the same legal risks to an employer, however it can create low morale, high turnover, and other issues if unchecked. A bully is defined as one who is “habitually cruel, insulting, or threatening to others who are weaker, smaller, or in some way vulnerable.” Many employers have policies governing workplace conduct, civility, and harassment, and these policies often cover the type of targeted, mean-spirited conduct that may cause massive disruption to one or more employees but which don’t involve a protected class.
Many scenarios may involve both unlawful harassment and non-Title VII bullying, and disentangling the two can be difficult. In any case, conducting an impartial investigation into a complaint is in the employer’s best interest to prevent future problems.