Dealing with Harrassment in All of Its Forms

Workplace harassment in its many forms presents an increasingly serious challenge for employers, in terms of legal liability and its potential negative effect on employee behavior. This article reviews workplace harassment with attention to the affirmative defense that the Supreme Court has authorized and the factors the courts have considered in deciding whether the defense has been established. That analysis in turn is applied to a discussion of specific actions organizations might take to prevent harassment and create a more positive and effective organizational environment. Of all the forms of discrimination prohibited by federal law, harassment remains one of the most pervasive and persistent problems in the workplace. Although harassment based on gender remains the most frequent type, workplace harassment can take a wide variety of other forms, including race, age, religion, ethnicity, and even disability, and since the early 1990s a growing number of claims based on these forms have been brought before the federal courts. This article examines harassment that goes beyond claims based on gender and presents the legal principle of an “affirmative defense” as a basis for reducing