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The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.The Occupational Safety and Health Administration, for example, requires employers to provide a safe workplace by adhering to national safety standards.Failing to do so can lead to fines and civil liability.Common Employment Law Issues Employment law issues can arise in a wide range of situations.
Employers who do so may be subject to civil liability for wrongful termination.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop.
Employees should also report harassment to management at an early stage to prevent its escalation.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Harassment can occur in a variety of circumstances, including, but not limited to, the following: Prevention is the best tool to eliminate harassment in the workplace.Employers must comply with wage and hour laws, like the Fair Labor Standards Act, that dictate how long an employee can work and how much he or she must be paid. For example, the Family and Medical Leave Act ensures that employees are granted time off to welcome a new baby, or deal with illness.