Is an employer required to address joking or teasing or workplace behavior that refers to potentially discriminatory subjects, like race or sex?
Yes. Managers and supervisors who learn about objectionable workplace conduct based on sex, race, religion, national origin or any other protected characteristic are responsible for taking steps to correct the conduct by anyone under their control. Workplace harassment and its costs are often preventable. Clear and effective policies prohibiting sexual, racial, ethnic and religious slurs, and related offensive conduct, are needed. Confidential complaint mechanisms for promptly reporting harassment are critical, and these policies should be written to encourage victims and witnesses to come forward. When harassment is reported, the focus should be on action to end the harassment and correct its effects on the complaining employee.
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