Harassment and Discrimination in the Workplace

In speaking to New Jersey Business Magazine about predictive measures every employer must have regarding harassment and discrimination in the workplace, partner Peter L. Frattarelli spoke about formal procedures. Chair of Archer's Labor & Employment Group, Peter said, "Employers  need to lay out a complaint procedure that employees can use to the extent they feel that they’re a witness to a harasser and/or they are a victim of harassment. Employees should be allowed to complain to pretty much anybody in the organization who’s in a position of authority."

He stressed the importance of supervisor training stating, “Manager and supervisor training needs to be a little bit enhanced – not just explaining what harassment is in the policy, but also what their obligations as supervisors and managers are. For example, supervisors cannot promise an employee confidentiality, as the supervisor’s responsibility is to report the incident to HR or upper management. It can be uncomfortable."

On handling complaints, Peter said, “Employees are entitled to have an investigation performed to learn if the allegations are true. If the complaint is severe enough, the company might suspend the accused harasser pending the investigation. Alternatively, the impacted employees might be separated so they don’t have to work together, if that is possible."

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