Workforce Bulletin

Organizations that successfully create an inclusive and positive culture understand that all of its people have an important role to play in maintaining a harassment-free workplace. Any incident of harassment can affect more than just the parties directly involved, and all employees are responsible for helping to maintain a working environment that is free from harassment, discrimination, and other inappropriate conduct.

Ensuring that employees understand their role as bystanders to potential incidents is vital to creating a safe and inclusive culture, and in some jurisdictions, providing such training is mandatory.

This post will explain what it means to be a “bystander” and review three key reasons why bystander intervention training can help your organization prevent workplace harassment. 

What Is a Bystander?

Whenever a potentially inappropriate interaction between two individuals occurs, any third party who either directly witnesses the behavior or learns of it later becomes a “bystander”—that is, not a target or an offender, but a witness, whether direct or indirect. For example, someone who overhears inappropriately gratuitous commentary directed at a co-worker in an adjoining office could be a direct witness. An indirect witness might be a colleague in whom someone who is feeling harassed confides that they are feeling uncomfortable with a co-worker’s remarks or actions.

On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Adoption of Final Rule to implement Local Law 144 of 2021, legislation regarding automated employment decision tools (“AEDT Law”).  DCWP also announced that it will begin enforcement of the AEDT Law and Final Rule on July 5, 2023.   Pursuant to the AEDT Law, an employer or employment agency that uses an automated employment decision tool (“AEDT”) in NYC to screen a candidate or employee for an employment decision must subject the tool to a bias audit within one year of the tool’s use, make information about the bias audit publicly available, and provide notice of the use of the tool to employees or job candidates.

As featured in #WorkforceWednesday:  This week, we examine how several recent pronouncements and actions by the National Labor Relations Board (NLRB) and its General Counsel’s office are creating new challenges for employers, both union and non-union.

Organizations everywhere have recognized the importance of eliminating workplace harassment. From decreased productivity to higher turnover, the impact of workplace harassment can be monumental and even shake an entire business to its core. It is critical that your organization take the right steps to eliminate workplace harassment. Let’s take a look at three common mistakes organizations make in their harassment prevention initiatives. 

1. Inadequate Training

If harassment prevention training is lackluster or not administered properly, its impact will be minuscule. Employees should receive regular, updated training to stay informed of harassment laws and policies in their jurisdiction and in their particular workplace. In many jurisdictions, annual training is required, but even where it is not, it is critical that your organization be proactive and continue to train its employees in order to realize the full benefits.

work | \ wərk \ (noun):  activity in which one exerts strength or faculties to do or perform something

In common parlance, the concept of “work” connotes some physical or mental exertion.  The law, however, defines the term more broadly, and properly compensating employees often is not as simple as paying for all time spent performing “work” in the usual sense of that term.  The Fair Labor Standard Act (“FLSA”) and the laws of many states require employers to also pay for certain periods of time during which employees are idle and simply waiting to begin working—even if those employees never become engaged in work. 

As featured in #WorkforceWednesday:  This week, we’re showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law permitting Illinois employees to take paid leave “for any reason,” and New Jersey’s upcoming implementation of the “Temporary Workers’ Bill of Rights.”

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or “Board”) released guidance outlining her views on the decision’s implications and meaning in Memorandum GC 23-05 on March 22, 2023. The GC’s Memo contains an FAQ in response to inquiries the NLRB has received about the McLaren Macomb decision and outlines Abruzzo’s plans for enforcement of the decision.

The General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or “Board”), Jennifer Abruzzo, has opened the vault and released previously unseen Advice Memoranda from her Obama-era predecessor General Counsel Richard Griffin, in her bid to continue to upend long-standing Board law.  Abruzzo, who was Deputy General Counsel under Griffin, and who now heads the Office of the General Counsel, has released a slew of historic Advice Memoranda that shed light on her legal theory to limit employer’s free speech rights and their ability to communicate with employees about the real-world consequences of unionization on the workplace and the employer-employee relationship.

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or “Board”) released guidance outlining her views on the decision’s implications and meaning in Memorandum GC 23-05 on March 22, 2023. The GC’s Memo contains an FAQ in response to inquiries the NLRB has received about the McLaren Macomb decision and outlines Abruzzo’s plans for enforcement of the decision.

As featured in #WorkforceWednesday:  This week, we’re taking a closer look at ChatGPT, exploring the opportunities and risks associated with this artificial intelligence (AI) technology, and providing valuable insights for employers who are looking to stay ahead of the curve:

ChatGPT is set to become the next big thing for employers and beyond. What potential issues should employers be aware of? Epstein Becker Green attorney Brian G. Cesaratto explains how critical it is for employers to think through the workplace-related risks.