In June 2016, the EEOC issued a report by its Select Task Force on the Study of Harassment in the Workplace. The report details how one third of the 90,000 charges filed with the EEOC in fiscal year 2015 included an allegation of harassment. However, as set forth in the report, this number does not accurately reflect of the number of persons that experience harassment at work. One of the most surprising aspects of the report is that it concludes that “approximately 90 percent of individuals who say they have experienced harassment never [took] formal action against the harassment.” EEOC Commissioner, and report co-author, Victoria Lipnic states that the reason for this failure to take action is fear: “There have been a lot of resources devoted to this in the workplace for many years, but there is a very high percentage of people who still do not report harassment. Part of that is out of fear — fear they might be retaliated against, that they might lose their job, that no one is going to believe them.”
The report also reaches the conclusion that despite efforts of employers to educate workers regarding harassment through workplace training, that most of this training is too focused on avoiding legal liability. The report suggests that different approaches to training should be explored such as bystander intervention training, as well as civility training that focuses less on harassment but instead on promoting respect and civility in the workplace.
This study and the resulting report reinforce the need to provide employees not only with training, but training designed for the specific workforce and presented by a professional. As stated in the report summary, “[in]effective training can be unhelpful or even counterproductive….one size does not fit all: Training is most effective when tailored to the specific workforce and workplace.” Employers should look closely at the training they provide to employees, ensure that it is effective and beneficial for their workplace, and consult with counsel as needed.
A summary of the EEOC’s recommendations can be found at https://www.eeoc.gov/eeoc/task_force/harassment/report_summary.cfm