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What Constitutes Workplace Harassments
Harassment is a type of workplace discrimination. It occurs when an employee receives unwelcome treatment from a peer or a supervisor. While some types of criticism of job performance do not rise to the level of harassment, in a legal sense, employees are protected from some forms of harassment by law.
If you feel like you are the victim of harassment, an employment lawyer can help you decide if someone in your workplace violated your rights.
What Laws Protect You Against Workplace Harassment?
The U.S. Equal Opportunity Employment Commission lists several laws that are meant to protect employees from harassment. These include the Civil Rights Act (Title VII), the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Together, these statutes protect people from harassment due to age, gender, sexual orientation, nation of origin, race, or disability. Importantly, these laws also protect workers from retaliation (such as being fired or demoted) if they file an official complaint about harassment.
What Is Harassment and What Isn't?
If you feel like you are the victim of workplace harassment, you should follow the reporting procedures laid out by your employer. If this does not solve the issue, you can contact a lawyer, who can advise you on the next steps to take.
What is harassment? Many disagreements with co-workers and critiques from managers at work are annoying and hurtful, but they do not rise to the level of harassment. Occasional social slights, petty arguments, and isolated incidents do not usually constitute harassment. The Equal Opportunity Employment Commission says that for incidents to rise to the level of workplace harassment, the treatment must be "intimidating, hostile, or offensive to reasonable people."
If someone uses racial slurs, threatens physical violence, tries to intimidate you, or engages in a pattern of insults or ridicule, it could be workplace harassment. Other instances of workplace harassment include unwanted sexual or romantic advances, interference with your normal job duties, or attempts to sabotage your work performance. Repeated offensive jokes or sharing of someone's personal materials without their consent could also rise to the level of workplace harassment.
In some cases, systematic bullying or a pattern of emotional bullying targeted at one person could be considered harassment. For example, making false accusations, purposely withholding information or resources, or taking other steps to isolate a person at work and make it difficult for them to perform their job could be harassment.
Finally, workplace harassment can include failing to hire, promote, or properly train an employee because of their race, gender, disability, sexual orientation, religious beliefs, or other factors.
Finally, incidents of harassment could occur in a face-to-face setting, but they could also happen online or over the phone. Also, clothing or office décor with offensive messages can be used to harass co-workers or employees.
The Harasser
People often associate workplace harassment with mistreatment by management. Your direct supervisor needs to abide by workplace conduct laws. However, these regulations also protect workers from mistreatment by others. For example, a co-worker or group of co-workers could harass one of their peers. Supervisors from other departments who do not necessarily oversee your work could also be liable if they abuse or mistreat an employee.
Finally, a non-employee, such as a customer or a contractor, also needs to abide by workplace regulations. An employer would be responsible for dealing with customers or clients who mistreat their workers.
The Victim
Obviously, the person who is on the receiving end of harassment is the victim. However, the definition of "victim" is more nuanced than that. Anyone who is affected by the conduct can be the victim of workplace harassment. For example, if you are offended by discriminatory comments targeting a co-worker, you may be a victim of workplace harassment even if the words were not directed at you.
Specific Examples of Workplace Harassment
Workplace harassment can be obvious, such as a supervisor constantly yelling at or publicly criticizing employees, co-workers making unwanted romantic or sexual advances, or managers repeatedly making racist or sexist comments or jokes.
At other times, harassment may be less obvious. For example, a supervisor could promise a promotion or raise if you come to their home or go to their place of worship with them. Another example would be a manager purposely withholding resources or information that are necessary to perform regular work duties.
Co-workers may purposely exclude an employee and take steps to make them feel unwelcome and isolated. If this happens systematically, it could be harassment.
What Should Employers Do?
Employers are required to try to reasonably prevent or correct such behaviors. Therefore, the first step after you witness or are a victim of harassment is to report the incident or pattern of behavior to a supervisor or the human resources department.
A company can take steps to prevent workplace harassment before it happens. They can clearly outline a code of conduct so that everyone is aware of the expectations for behavior and treatment of employees and co-workers. In some cases, it may be appropriate to mandate training for new employees and managers in proper workplace behavior.
It is also important for companies to outline a process for dealing with harassment claims. This can include having a well-defined process for reporting and responding to harassment. With such a system in place, employees will feel like they can raise concerns about harassment and that there is a process to address problems and correct them.
Do You Need a Lawyer for Workplace Harassment?
Employees should follow workplace harassment protocols for reporting and documenting harassment. If you are a victim or witness workplace harassment, you should document the incidents and take the necessary steps to report them. If you are not satisfied with how your employer handles the problem, you can contact an employment lawyer.
A lawyer can help you take the next steps. For example, you can file a report with the Equal Opportunity Employment Commission. They make decisions on a case-by-case basis after looking at all the evidence and documentation. A lawyer can help you make a report and organize your documentation.
If your case goes to court, you will likewise need documentation to prove that the incidents rise to the level of workplace harassment.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.