New to HR? Templates, tools and development to make you a seasoned pro in no time.
Shawn Premer shows how doing the right thing for employees leads to positive business results.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
But these classes may still be a worthwhile way to help prevent harassment claims
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Civility training should be conducted with National Labor Relations Board decisions in mind.
Employers seeking to discourage workplace harassment by offering "civility training" may face liability under the National Labor Relations Act (NLRA). Such training still may be worth the risk, however, particularly if employer policies promoting civility are written with potential NLRA liability in mind."To some degree, employers are caught between a rock and a hard place," said Jonathan Segal, an attorney with Duane Morris in Philadelphia and New York. "If they promote civility to minimize the potential for harassment, they may be sued by the GC [general counsel] to the NLRB [National Labor Relations Board], and lose before the NLRB."He noted that the NLRB general counsel has said that the following rule, which some employers may want to implement as one way to promote civility, would in fact violate the NLRA: "Be respectful to the company, other employees, customers, partners and competitors." The general counsel has found that this rule would potentially interfere with employees' right to engage in protected concerted activity.Using the same reasoning, the NLRB struck down an employer policy that told employees to "maintain a positive work environment by communicating in a manner that is conducive to effective working relationships with internal and external customers, clients, co-workers and management."In a June 20 report from the Equal Employment Opportunity Commission (EEOC) task force on workplace harassment, the EEOC stated that "promoting civility and respect in a workplace may be a means of preventing conduct from rising to the level of unlawful harassment."
"That makes total sense to those of us in HR, but sadly not to the general counsel to the NLRB or some members of the NLRB," said Segal, who is a member of the EEOC task force but does not speak on its behalf. Specific Examples
"It is hard to know with certainty what an employer can do without some risk, if an employer is at risk simply by asking employees to be respectful," Segal said. Providing specific examples, such as "speak with colleagues without raising your voice at them," might help to minimize that risk, he noted. However, even this common sense rule might offend the NLRB, which could see it as interfering with robust discussion about the terms and conditions of employment.Use examples that were approved by the NLRB general counsel in a March 18, 2015, memorandum, recommended Patricia Wise, an attorney with Niehaus Wise & Kalas in Toledo, Ohio, and another member of the EEOC task force. She said that acceptable policies as set forth in that memo include prohibitions against:
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Talent Attraction Study: What Matters to the Modern Candidate
CA Resources at Your Fingertips
SHRM’s HR Vendor Directory contains over 3,200 companies