The Law: Maintaining a harassment-free workplace

A May Iowa Supreme Court case addressed issues of hostile work environment under Iowa law.

In the case, plaintiff Tracy White filed a sexual harassment claim against the state of Iowa and the Iowa Department of Human Services.

White, who was a supervisor, alleged multiple instances of conduct by her supervisor, some of which she witnessed and some of which she learned about later. She remained employed by the state at the time of her complaints and remained employed even after her supervisor was fired.

White’s own job duties as a supervisor included receiving reports of alleged discrimination experienced by other employees, and she relied, in part, on such reports to support her own hostile work environment claim.

A jury found in favor of plaintiff and awarded her $260,000 for past emotional distress and $530,000 for future emotional distress.

The state and DHS appealed, arguing, among other things, that the district court should not have allowed the jury to hear evidence of harassment unrelated to plaintiff’s own experiences.

Reversed on appeal

The Iowa Supreme Court agreed and reversed the jury verdict.

The court found that the sexually hostile comments of which the plaintiff was unaware cannot prove that she personally experienced such a work environment. And the behaviors the plaintiff personally experienced were not “objectively serious or pervasive enough to alter the terms and conditions of her employment,” which is the legal standard for harassment under the Iowa Civil Rights Act.

The Supreme Court noted that the Iowa Civil Rights Act is not a general civility code for the workplace and to conclude the behavior White complained about was harassment would undermine well-established case law “setting a high bar for proof of objectively severe or pervasive harassment, and it would expose Iowa employers to costly liability for sporadic vulgarities and common personality conflicts.”

Take-aways

The take-away for employers?

If you are one of the people charged with taking sexual harassment complaints or part of the management chain of command, while you have an obligation to report issues to the appropriate department, that process of reporting does not create its own separate cause of action for the manager.

Harassment lawsuits are embarrassing and expensive for employers but may be avoided if you take preventative actions.

First, have a written harassment-free workplace policy that clearly states discrimination and harassment based on an individual’s race, religion, color, creed, sex, sexual orientation, gender identity, age, national origin, disability, pregnancy, genetic information, veteran status (if applicable) -- or any other characteristic protected by local, state, or federal law -- will not be tolerated.

Employers sometimes forget that any form of harassment in the workplace is unlawful, not merely sexual harassment.

Implement a respect in the workplace policy that also prohibits unprofessional and disrespectful behaviors and communications that may not rise to the level of illegal harassment but which are damaging to morale and disrupting to work. Use it to coach and counsel employees about appropriate behaviors.

Have a complaint procedure that allows employees to report concerns of illegal and disrespectful behavior. Such a procedure should permit employees to report violations directly to any member of management or the human resource department.

Remember that anyone in the workplace can be a harasser, including supervisors, coworkers and even nonemployees such as vendors and customers.

Let employees know that anyone who experiences or becomes aware of workplace harassment is required to report it promptly and that retaliation will not be tolerated. Investigate alleged incidences of harassment promptly and objectively. Take appropriate remedial action as soon as possible, if warranted. An employer will rarely be punished for terminating someone that violates this policy.

Training, culture

Train your employees so they understand what constitutes harassment and retaliation.

Train your supervisors and managers on the policy, the liabilities associated with harassment, and the employer’s expectations that all members of management will serve as role models against harassment. Have refresher training periodically (i.e., annually or biannually).

Be sure to train your investigators on the proper policies and procedures, too.

Finally, create a culture that fosters respect and inclusion.

Frequently, sexual harassment lawsuits involve excessive drinking at work-related events. A study by Cornell University’s School of Industrial and Labor Relations found that sexual harassment prevention policies are less effective in workplaces characterized by a “strong and permissive drinking culture.”

This presents a dilemma. Employers want their employees to enjoy social events, without letting legal issues dictate relationships with coworkers and clients. However, employers also want to minimize the legal liability of the organization.

Employers should discuss company culture with employees, emphasizing that drinking to excess is unacceptable during company events. Employers must stress that employees are responsible for their behavior at company-sponsored events, and that if they violate company policies, they will be disciplined.

While following these preventative measures does not guarantee that you will be free of any sexual harassment lawsuits, it likely will reduce sexual harassment complaints and lawsuits.

Legal compliance is certainly important, but ensuring that employees feel safe and comfortable in their work environment should always be a paramount concern.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com