their consent), misgendering (intentional and repeated use of a name or pronoun inconsistent with a person’s stated gender identity) and denial of access to a bathroom consistent with a person’s gender identity. ▶ Disability-based harassment prohibited under the Americans with Disabilities Act (ADA) includes harassment based on the disability of a person with whom the employee is associated. For example, an employee’s husband has cancer; the employee’s coworkers and supervisor begin commenting and questioning the employee’s ability to do her job or dedication to the company because she seems more focused on helping her husband than doing her job. ▶ Color-based discrimination prohibited under Title VII includes harassment based on an individual’s pigmentation, complexion, or skin shade or tone. ▶ The workplace is not limited to an employer’s physical offices. Harassment may occur within virtual work environments or in the use of technology (e.g., during Zoom meetings, group chats, email, etc.) or in a remote work setting. For example, sexist comments made during a video meeting or racist imagery that is visible in the background during Zoom calls. ▶ Intraclass harassment (harassment between members of the same protected class) and harassment based on stereotypes are prohibited. ▶ An employer may be liable for a hostile work environment created by nonemployees (e.g., customers, vendors) if the employer either unreasonably failed to prevent the harassment or failed to take reasonable corrective action in response to the harassment about which the employer knew or should have known. Employers should update their harassment policies and include examples of the types of conduct that are unacceptable. Employers must ensure that executives and managers have read and understand the company’s policy, including what can constitute unlawful harassment. A FULL SERVICE LAW FIRM WITH A SIMPLE PROMISE, PUT YOU FIRST. INDIANA | ILLINOIS | MISSOURI | OHIO | WISCONSIN WWW.AMUNDSENDAVISLAW.COM 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204 T: 317.464.4100 • F: 317.464.4101 JULY/AUGUST 2024 55
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