- The EEOC defines workplace harassment as a type of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, (ADA) and the Age Discrimination in Employment Act of 1967. Harassment is unwanted behavior or verbal exchange that is based on an employee's age, race, gender, color, national origin or disability. Employees should notify their supervisor, employer or Human Resources representative when they receive unwelcome conversation, ogling and other conduct from peers, subordinates or senior personnel. A victim of workplace harassment can also be someone who witnesses unwelcome conduct or behavior involving another employee.
- Unlawful harassment occurs when an employee's conditions of employment are impacted due to the offense. If employees are made to endure actions like racial slurs, sexual advances or disability related jokes in order to keep their job, receive a raise or be promoted, the behavior is considered unlawful. Situations that cause a reasonable person to feel intimidated, abused or severely fearful can also be considered unlawful harassment. Lawful harassment includes petty slights or annoying sounds or behaviors that occur at the workplace.
- Employers are liable for responding to harassment incidents at their places of business that involve a supervisor taking a negative employment action against an employer. For example, employers are held responsible for supervisors who refuse to promote, hire, pay overtime to or continue to employ a worker because the employee refused to accept the supervisor's sexual or nonsexual harassments. The only way that employers can avoid this liability is to provide evidence that they took reasonable action to prevent or stop the harassment. Employers are also liable for harassment made by or against employees not in supervisory roles such as independent and agency contractors, customers or contingent workers if the employer was aware of the harassment situation and took no reasonable action to stop or prevent it.
- Employees who believe that their rights have been violated due to workplace harassment can file a claim with the EEOC by completing an intake questionnaire. The questionnaire can be completed over the telephone, Internet or in person at a local EEOC office. Online questionnaires are generally not available for half an hour on Saturday evenings and Sunday mornings. File a complaint within 180 days of the alleged incident. Charges covered under local and state anti-discrimination laws can be filed within 300 days of the alleged incident.
- Workplace harassment laws prevent employers and employees from discriminating against one another or their peers. In 2006 workers filed 23,034 harassment claims with the EEOC. Of these claims, 22,408 were resolved with $59.8 million being recovered in monetary benefits to claimants. Harassment laws are designed to provide a safe and equitable atmosphere for people to work in. Continued focus on the laws educates employers and employees about the legal ramifications of harassment, which can decrease the numbers of instances where employees are punished or rewarded for participating in or enduring unwelcome sexual and nonsexual verbal and behavioral acts.
