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ARTICLE · 14 DECEMBER 2001

Pitfalls in Drafting Policies Aimed at Ensuring Workplace Civility

United StatesEmployment and HR
Tamra Sue Domeyer
Tamra Sue Domeyer

In response to escalating concerns about workplace violence and harassment, many employers have adopted, and are well-advised to adopt, no-violence policies. Such policies are typically broadly drafted not only to prohibit all forms of physical violence, but to also prohibit verbal forms of violence, including threatening and abusive language. Likewise, in further efforts to maintain decorum and civility in the workplace, employers have broadened non-discrimination and anti-harassment policies to forbid all forms of inappropriate conduct, including abusive and threatening language. Indeed, the importance of adopting non-discrimination and anti-harassment policies is now well-known by most employers, since the Supreme Court in 1998 made it virtually impossible for employers to defend against hostile environment harassment claims in the absence of such policies.

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