Colorado Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace

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This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

What Three Factors Are Commonly Used to Determine Whether Conduct is Considered Unlawful Workplace Harassment?Whether the victim tolerated the harassment to obtain or keep their job.Whether the harassment was extensive enough to create a hostile or intolerable work environment.More items...

Harassment is 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 (including family medical history).

In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.

Tell your harasser to stop. If you do not feel safe or comfortable doing this, do your best to make it clear to the harasser that the offensive behavior is unwelcome. Report the harassment to management and ask that something be done to stop it. Report the harassment to a person with decision-making authority.

F09b Bystanders as well as people who directly experience harassment who report unlawful harassment to their employer, file a charge with the EEOC, testify, assist or participate in an investigation of harassment are protected from workplace retaliation by Title VII of the Civil Rights Act and cannot be retaliated

Employees can be held personally liable for harassment, but there is no personal liability for discrimination. Any employee working for a company covered by FEHA can be held personally liable for harassment that employee engages in.

What can I do if I witness workplace harassment? If you witness workplace harassment, you should tell your employer. You also can tell the harasser that his or her behavior is not funny and must stop. Finally, don't laugh at the conduct or give the harasser an audience - that will only encourage further harassment.

In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.

F09b Bystanders as well as people who directly experience harassment who report unlawful harassment to their employer, file a charge with the EEOC, testify, assist or participate in an investigation of harassment are protected from workplace retaliation by Title VII of the Civil Rights Act and cannot be retaliated

During the interview, the interviewer should:Be sensitive to the issues being raised.Get a description of each incident, including date, time, place, and nature of conduct.Identify any witnesses to the alleged incident(s).Identify any other persons who may claim to have been harassed.

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Colorado Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace