5 workplace strategies to prevent harassment of Asian-American employees and the threat of EEOC action
The coronavirus crisis has led to reports of harassment of Asian-Americans prompting a warning to employers by the Equal Employment Opportunity Commission (EEOC).
The coronavirus, which originated in Wuhan, China, has spread across the planet crushing economies, killing jobs and is likely to kill millions of people. China has censored data about the outbreak and suppressed whistleblowers.
Consequently, published reports indicate some Americans are angry – blaming and harassing Asian-Americans.
EEOC Chair Janet Dhillon says hundreds of such incidents, if in the workplace, might be construed as harassment and violate Title VII of the Civil Rights Act.
The law prohibits discrimination on “race, color, religion, sex and national origin.”
It also prohibits employers from retaliation – retaliating against anyone’s complaints about discrimination, who alleges discrimination or who is involved in an employment discrimination investigation or lawsuit.
In addition, states have comparable statutes. Many cities and counties have similar ordinances.
We’ve seen this movie before – you might recall the wave of discrimination against Middle Easterners after the September 11th terrorist attacks in 2001.
Guidance for employers then is apropos now.
Trending: Numerous Business-Coaching Tips During Coronavirus Crisis
Note: To justify a policy affecting an ethnicity or race, companies can demonstrate it’s vital for business sustainability. For instance, it’s possible for companies to lawfully institute a policy of “English only,” if it’s vital for the business.
Prevent workplace harassment
Employers should be sensitive to possible issues affecting their Asian-American workers – issues they’re facing or could face – and proactively prevent the issues.
To prevent EEOC action over harassment issues, employers can implement these five strategies:
1. Companies can evaluate their cultures. Many workers are fearful and angry. So employers should take a close look at their workplace environments to make certain employees are behaving appropriately with each other.
2. Review the existing policy or establish a new one to address discrimination and harassment issues. It must state the company’s anti-discrimination policy. It should explain insults, jokes or physical attacks based on ancestry or national origin are not allowed. And, it should ensure employees know what to do if they’re harassed.
3. The policy should be publicly announced.
4. Companies can launch discrimination and harassment training of their workers on the policy.
4. Bystander intervention training should be included. In other words, if any employees witness harassment of a co-worker, they should immediately report it to human resources or a supervisor.
5. Pay particular attention to a likely weak link – supervisors and specifically train them. If a supervisor commits harassment, employees are intimidated and start thinking such behavior is permissible. Or, if a boss looks the other way, employees naturally assume the company doesn’t care. Include training about forbidding retaliation for reporting harassment.
These steps sill minimize the likelihood of being blindsided by the EEOC. Besides, aside from issues of morality, it’s very costly to fight the EEOC.
From the Coach’s Corner, here are tips for dealing with the EEOC:
Avoid Nightmarish Trend: Discrimination Suits, an EEOC Dragnet – News headlines from Seattle to New York are cause for some serious head-slapping when it comes to management of employees — EEOC discrimination lawsuits are seemingly everywhere. Here’s how to avoid HR nightmares with the EEOC.
Vital Strategies to Avoid EEOC Discrimination Suits – Federal employment discrimination complaints are sky-high — a sad commentary for businesses and public agencies that are large enough for a human resources department. Here’s what you need to know.
Management – 8 Steps to Solve Employee Incivility – Obviously, mutual respect are vital in cooperation and teamwork for performance. Clear management strategies are necessary if you have uncivil staff members.
10 Tips on Responding to EEOC Complaints – If your company is hit with an EEOC complaint, here’s what to do.
Human Resources Tips – Checklist to Prevent Legal Issues – To be successful in management or as a human resources professional, you know the importance of staying current in possible legal issues.
Avoid HR Documentation Mistakes that Cause Legal Issues – You must anticipate possible adverse ramifications – how a jury or judge even months later would view your paperwork if the situation becomes a legal issue. Here’s how.
“What lies before us and what lies behind us are small matters, compare to what lies within us.”
-Ralph Waldo Emerson
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