Workplace Harassment Prevention
Understanding Workplace Harassment
What Is Workplace Harassment?
Workplace harassment is more than just a bad day at the office or a disagreement with a coworker. It’s a specific type of unwelcome conduct that is based on who you are. The law protects certain aspects of a person's identity, and harassment often targets these very things.
Harassment
noun
Unwelcome conduct that is based on a protected characteristic.
Federal law identifies several of these “protected characteristics.” Harassment becomes a legal issue when it's tied to one or more of the following:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, or gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information (including family medical history)
When Does It Cross the Line?
Not all offensive behavior is illegal harassment. For the conduct to be unlawful, it must meet one of two conditions.
First, it becomes illegal if putting up with the offensive conduct becomes a condition of keeping your job. In other words, an employee is forced to endure the behavior to avoid being fired, demoted, or passed over for a promotion.
Second, harassment is unlawful if the conduct is so severe or pervasive that it creates a work environment that a reasonable person would find intimidating, hostile, or abusive. Let's break that down.
“Severe” means the harassing conduct is serious. For example, a single physical threat or assault could be enough to qualify.
“Pervasive” means the conduct happens frequently. A stray offensive comment might not be illegal, but a constant barrage of them could be.
The key is that the behavior, whether a single severe act or a pattern of smaller ones, changes the nature of the workplace, making it difficult for someone to do their job.
Forms of Harassment
Harassing behavior can manifest in many ways, from subtle comments to overt actions. It isn't limited to a boss harassing an employee; it can also happen between coworkers or even involve a non-employee, like a client or customer.
Here are some common examples of behaviors that can contribute to a hostile work environment.
| Type of Behavior | Examples |
|---|---|
| Verbal | Slurs, offensive jokes, epithets, or name-calling. |
| Physical | Unwanted touching, assault, or physical threats. |
| Visual | Displaying offensive objects, posters, or pictures; sending offensive emails. |
| Psychological | Intimidation, ridicule, mockery, insults, or deliberately interfering with work performance. |
Recognizing these behaviors for what they are is the foundational step in understanding the boundaries of acceptable conduct at work.
