In the United States, preventing workplace harassment is both a strict legal requirement and a strategic priority for companies aiming to foster safer, more ethical, and productive work environments. Harassment in the workplace is regulated both at the federal and state levels, and it is a form of violation of civil and labor rights, with the potential to compromise the worker’s physical, emotional, and professional integrity.
From a federal perspective, the U.S. Equal Employment Opportunity Commission (EEOC), defines harassment as any unwelcome conduct based on legally protected characteristics — such as race, color, religion, sex (including pregnancy, gender identity, sexual orientation), national origin, age, disability, or genetic information — that negatively affects working conditions or creates a hostile, intimidating, or offensive work environment (EEOC.gov). For example, among the most worrisome conduct, sexual harassment includes unwelcome advances, comments, gestures, touching, or any behavior of a sexual nature, especially when linked to threats, promises of preferential treatment, intimidation, or retaliation. It is important to note that harassment can be perpetrated by supervisors, co-workers, clients, vendors, or any other person connected to the work environment.
Internal guidelines from the U.S. Department of Labor (DOL) emphasize that the mere existence of a workplace policy is insufficient if not supported by effective training, secure reporting mechanisms, and appropriate responses. Institutional omission — even in the absence of direct involvement by managers — may lead to strict legal liability, in accordance with the policies of the Office of the Assistant Secretary for Administration and Management (OASAM).
Through its internal policy DLMS 4-0700 the DOL also reinforces the view that organizations must not only prohibit harassment but also implement effective prevention programs, secure reporting mechanisms, continuous employee training, and clear investigative procedures. The focus is not only on punishing misconduct but, above all, on fostering an organizational culture that does not tolerate any form of discrimination.
Further to the above-mentioned regulation, Federal law, primarily represented by Title VII of the Civil Rights Act of 1964, establishes that harassment based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, and genetic information constitutes a prohibited form of discrimination.
In addition to federal guidelines, most U.S. states have their own legislation on preventive practices such as training, internal protocols, and reporting obligations. At the state level, significant differences arise for companies that operate nationally. While not all states mandate formal training, the absence of preventive policies may result in employer liability if institutional omission or tolerance is proven.
Several U.S. states have mandatory training requirements for employees and supervisors, with specific formats and renewal intervals. For example:
- California: requires training every 2 years for all employees, including temporary workers.
- New York: mandates annual training, even for remote or visiting workers.
- Illinois (Chicago): up to 3 hours of annual training, including bystander intervention.
Beyond training, many states require comprehensive internal policies, accessible complaint systems, and clear investigation and resolution procedures that protect all parties.
The most effective corporate approaches go beyond mere compliance. According to the EEOC (Equal Employment Opportunity Commission), best practices include:
- Committed and engaged leadership;
- Clear and comprehensive policies;
- Trusted and accessible complaint systems;
- Regular, interactive, and customized training.
This reinforces the need for proactive, tailored strategies that integrate legal compliance with a healthy organizational culture.
Employers need to be aware of the legislation, regulation and best practices to avoid harassment at the workplace and the resulting liability. Drummond team is ready to support your company in implementing or revising harassment prevention programs aligned with current legal standards.
Written by Daniel Rangel, Senior Associate at Drummond Advisors, and Julia Soares, Associate Lawyer at Drummond Advisors