Introduction
Harassment is a form of discrimination that occurs when someone is subjected to unwanted conduct based on their gender, age, race, disability, or other protected characteristics. It can take many forms, including physical and verbal abuse, threats, and coercion. In contrast, a wellness check is an inquiry made by an employer or supervisor to ensure that an employee’s health and safety is not at risk. While both are important in the workplace, it is important to understand when a wellness check might cross the line into harassment.
Understanding the Difference: How to Differentiate Between Wellness Checks and Harassment
In order to differentiate between a wellness check and harassment, it is important to examine the intent of the wellness check, identify any unwanted persistent contact, and explore the power differential in the relationship.
Examining the Intent of the Wellness Check
The intent of a wellness check should always be to ensure the safety and well-being of an employee. According to Dr. Christine Moutier, Chief Medical Officer of the American Foundation for Suicide Prevention, “The primary goal of any wellness check should be to provide support and care, not to punish employees.” If the intent of the check appears to be punitive or overly intrusive, then it may be crossing the line into harassment.
Identifying Unwanted Persistent Contact
It is also important to be aware of any unwanted persistent contact from a supervisor or employer. If an employee feels that they are being monitored or harassed, then it may be crossing the line into harassment. According to a study published in the Journal of Occupational Health Psychology, “Unwanted persistent contact from supervisors, such as frequent phone calls, emails, or in-person visits, can lead to feelings of anxiety and distress in employees.”
Exploring the Power Differential in the Relationship
Finally, it is important to consider the power differential in the relationship between the employer and employee. An employer should not use their position of power to intimidate or coerce an employee into participating in a wellness check. According to Dr. Moutier, “It is essential that employers recognize the power imbalance between them and their employees and take steps to ensure that any interaction is respectful and professional.”
Exploring the Legal Implications of Wellness Checks as Harassment
When a wellness check crosses the line into harassment, there are potential legal implications for the employer. It is important to understand the impact of privacy laws and potential liability.
Identifying Potential Liability
If an employer is found to be engaging in harassment through a wellness check, they may be held liable for any damages incurred by the employee. According to employment law attorney David Fram, “If an employer violates the law by engaging in harassment through a wellness check, they could be subject to civil or criminal penalties.”
Understanding the Impact of Privacy Laws
It is also important to be aware of any applicable state or federal privacy laws that may be violated by a wellness check. According to the National Conference of State Legislatures, “Many states have enacted laws to protect the privacy of employees, which may be violated if an employer engages in harassment through a wellness check.”
Investigating How Employers Can Ensure Their Wellness Checks Don’t Become Harassment
In order to prevent a wellness check from becoming harassment, employers should establish clear policies and train their employees on appropriate protocols.
Establishing Clear Policies
Employers should create clear policies outlining what constitutes harassment and how to handle it. According to employment lawyer Jennifer Gee, “It is important for employers to have a clear policy in place outlining what is and is not acceptable behavior when conducting wellness checks. This will help ensure that employees understand their rights and know how to report any incidents of harassment.”
Training Employees on Appropriate Protocols
Employers should also provide training to their employees on appropriate protocols for conducting wellness checks. According to Dr. Moutier, “It is important for employers to provide training to their employees on how to conduct wellness checks in a respectful and professional manner. This will help ensure that employees are comfortable and that any potential harassment is avoided.”
The Impact of Wellness Checks That Cross the Line Into Harassment
When a wellness check crosses the line into harassment, there can be serious psychological and economic impacts for the employee.
Examining the Psychological Effects
Harassment can have serious psychological effects on the employee, including feelings of fear, anxiety, depression, and low self-esteem. According to a study published in the International Journal of Environmental Research and Public Health, “Harassment in the workplace can lead to negative mental health outcomes, such as increased stress and reduced job satisfaction.”
Investigating Economic Losses
Harassment can also lead to economic losses for the employee, such as lost wages, medical expenses, and legal fees. According to a study published in the Journal of Business Ethics, “Harassment in the workplace can have serious financial repercussions for the victim, including decreased productivity, increased absenteeism, and higher turnover rates.”
Strategies for Avoiding Harassment in Wellness Checks
In order to avoid harassment in wellness checks, employers should ensure respect and professionalism and be aware of workplace culture.
Ensuring Respect and Professionalism
It is important for employers to ensure that all interactions with employees are respectful and professional. According to Dr. Moutier, “It is essential that employers treat their employees with respect and maintain a professional demeanor during any wellness check.”
Understanding Workplace Culture
It is also important for employers to be aware of the culture of their workplace and take steps to ensure that it is free from harassment. According to a study published in the Journal of Applied Behavioral Science, “A positive workplace culture can go a long way towards preventing harassment in the workplace, as employees will be more likely to report any incidents of harassment if they feel safe and supported.”
Examining the Ramifications of Wellness Check Harassment: A Case Study
To better understand the ramifications of wellness check harassment, it is helpful to examine a real-world example. In this case study, we will look at a situation in which an employer crossed the line into harassment.
Describing the Situation
In this case, an employer was conducting weekly wellness checks with an employee. The employee felt that the checks were overly intrusive and began to feel uncomfortable and anxious. When the employee attempted to discuss the issue with their supervisor, they were met with hostility and told that they were not allowed to refuse the check.
Exploring the Outcome
After consulting with an attorney, the employee filed a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC determined that the employer had violated the employee’s rights and ordered them to pay damages to the employee. The employee also received back pay and other compensation for the harassment they experienced.
Conclusion
In conclusion, it is important to understand the difference between a wellness check and harassment. While a wellness check should be conducted with respect and professionalism, it can easily cross the line into harassment. Employers should be aware of the potential legal implications and psychological and economic impacts of harassment in the workplace. By establishing clear policies and training employees on appropriate protocols, employers can ensure that their wellness checks do not become harassment.
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