Simone Lawson
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. Workplace harassment involves unwelcome and offensive conduct that is based on race, colour, religion, sex, national origin, age, disability, or genetic information. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment, such as establishing an effective complaint process and providing anti-harassment training. If an employer determines that an employee has been harassing others at work, they may face consequences such as verbal or written warnings, counseling, transfer to another location or job, suspension, or termination.
| Characteristics | Values |
|---|---|
| Harasser | The harasser can be the victim's supervisor, a co-worker, or others in the workplace, such as clients or customers |
| Victim | The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct |
| Reporting | Employees should report harassment to management at an early stage to prevent escalation. They should also inform the harasser that the conduct is unwelcome and must stop |
| Consequences for harasser | Verbal or written warning, counseling, transfer to another location or job, suspension, or termination |
| Employer liability | The employer is automatically liable for harassment by a supervisor that results in a negative employment action. The employer may also be liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt corrective action |
| Protected characteristics | Race, colour, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, age (40 or older), disability, or genetic information (including family medical history) |
| Unlawful harassment | Enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive |
| Retaliation | Anti-discrimination laws prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in an investigation or lawsuit |
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What You'll Learn
Unwelcome conduct
In the context of unlawful harassment, the victim does not have to be the person directly harassed but can be anyone affected by the offensive conduct. This means that even bystanders who witness the harassing behaviour may be considered victims. It is also important to note that harassment can occur between individuals of the same sex, race, colour, national origin, or religion, or between individuals with the same disability.
Employers are encouraged to take proactive steps to prevent and address unlawful harassment. This includes establishing clear anti-harassment policies, providing training to managers and employees, and creating a culture where employees feel comfortable speaking up and raising concerns. Employees should also be encouraged to report harassment at an early stage and inform the harasser that their behaviour is unwelcome and must cease.
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Retaliation
Adverse actions can include termination, demotion, non-promotion, suspension, or significant changes to job duties or working conditions. An employer may also retaliate by making threats, spreading false rumours, or treating a family member negatively. For example, an employer may cancel a contract with the spouse of an employee who has filed a discrimination complaint.
It is important to note that not all actions taken by an employer will constitute retaliation. Employers are allowed to discipline or terminate workers if there are legitimate, non-retaliatory, and non-discriminatory reasons for doing so. However, employers must ensure that any action taken does not deter employees from reporting discrimination or harassment. For example, an employer may be considered retaliatory if they give a lower-than-deserved performance evaluation or transfer an employee to a less desirable position because they have filed a discrimination charge.
Employees who believe they have been retaliated against can seek legal recourse. In the United States, the Equal Employment Opportunity Commission (EEOC) enforces laws that protect employees from retaliation. Employees should also report retaliation to their employer and utilise any complaint or grievance processes available to them.
To prevent retaliation, employers should establish clear anti-harassment policies and complaint procedures. They should also provide anti-harassment training to managers and employees and take prompt and appropriate action when complaints arise. By creating a culture that encourages employees to speak up without fear of retaliation, employers can foster a safe and respectful workplace.
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Sexual harassment
To prevent sexual harassment, employers should establish an effective complaint or grievance process, provide anti-harassment training, and take immediate action when an employee complains. They should also clearly communicate that unwelcome harassing conduct will not be tolerated and strive to create an environment where employees feel safe to raise concerns.
If an employee experiences sexual harassment, they should inform their employer, who is legally required to take quick action to stop it and protect the employee. Employees can also inform the harasser directly that the conduct is unwelcome and must stop. If the employer fails to address the issue, the employee can file a legal complaint with their state's anti-discrimination or civil rights agency or the federal Equal Employment Opportunity Commission (EEOC).
In summary, sexual harassment is a serious issue that can have negative consequences for both employees and employers. Employers are responsible for creating a safe and respectful work environment and taking appropriate action when harassment occurs, while employees should feel empowered to speak up and utilize the available resources if they experience or witness sexual harassment.
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Hostile work environment
A hostile work environment is a workplace where employees experience unwelcome or offensive behaviour, causing them to feel uncomfortable, scared, or
To be considered unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
According to the EEOC, employers are held legally liable for a supervisor's harassment that creates a hostile work environment—unless the employer tries to prevent and correct the behaviour. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains.
Employees should report harassment to management at an early stage to prevent escalation. If the employer determines that an employee has been harassing others at work, they may face consequences such as a verbal or written warning, counselling, transfer to another location or job, suspension, or termination.
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Physical assault
On the other hand, battery, which requires physical contact, occurs when an individual intentionally and harmfully touches another person without their consent. An example of battery in the workplace would be an employee and supervisor playfully wrestling, but the supervisor pulls out a knife and cuts the employee. This would be considered battery, even though the employee initially consented to the physical activity.
If you are physically assaulted by a co-worker, it is advisable to file a complaint with your employer. Most employers' human resources departments take assault charges seriously. Filing a complaint can help prevent future accusations of fabricating the incident and allow you to access any benefits offered by the employer, such as free counseling. Additionally, it is essential to understand that your employer has a responsibility to provide a safe work environment. If they fail in this duty, you have the right to hold them accountable in court. You may want to consider consulting an employment lawyer to help you navigate the process of filing a lawsuit and seeking justice.
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Frequently asked questions
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). It is defined as unwelcome conduct based on a person's race, colour, religion, sex, national origin, age, disability, or genetic information. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
An employee can harass an employer through offensive conduct based on the employer's race, colour, national origin, sex, religion, disability, age, or genetic information. This can include offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule, mockery, insults, put-downs, offensive objects or pictures, and interference with work performance.
If an employer determines that an employee has been harassing others at work, the employee may face consequences such as verbal or written warnings, counselling, transfer to another location or job, suspension, or termination.
If you are being harassed at work, you should inform your employer and, if you feel comfortable, tell the harasser that their behaviour is unwelcome. You can also talk to another trusted adult or the Equal Employment Opportunity Commission (EEOC). It is recommended to find out if your company has a policy on harassment and follow the designated complaint process.
