Harassment & Discrimination in the Workplace
The Equal Employment Opportunity Commission defines harassment as "severe and frequent" conduct that "creates a hostile or offensive working environment." Harassment is not simple teasing, offhand comments or isolated incidents. Although harassment is viewed as conduct that is sexual in nature, harassment based on a person's protected status constitutes discrimination in the workplace.
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Sexual Harassment
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Sexual harassment is unwelcome conduct of a sexual nature such as comments, touching and viewing or staring. This conduct can rise to the level of a hostile working environment if it makes an employee feel uncomfortable and/or fearful. Genital groping and rape are examples of egregious conduct that is considered sexual harassment. Consensual sexual conduct between employees is not considered sexual harassment. Title VII of the Civil Rights Act protects employees from sexual harassment in the workplace.
Sex-Based Harassment
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Sex-based harassment can be non-sexual offensive pestering based on an employee's gender. Harassing conduct may be, and often is, derogatory comments belittling an employee's gender. Comments that a woman is weaker than a man or that a man is not as smart as a woman rise to the level of harassment when they are made over a lengthy period of time and have distressing effects on an employee.
The courts have ruled that being harassed for failing to conform to gender stereotypes constitutes sex-based discrimination under Title VII of the Civil Rights Act. Harassment that includes women being teased for masculine mannerisms or a man being ridiculed for having feminine qualities rises to the level of harassment when the comments are overbearing and occur on a regular basis.
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Racial Harassment
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Racial harassment occurs if derogatory comments made about an employee's race are frequent and unbearable . These comments, whether true or not, can be based upon stereotypes, prejudices or opinions based upon information received about a particular race. Harassing comments include derogatory names used to describe a race of people. Questions that have derogatory connotations about a race of people can also be viewed as racial harassment. For example, a question such as "why are minorities always on the news for committing crimes" if consistent enough, may constitute racial harassment.
Disability Harassment
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Physical and verbal derogatory conduct about an employee's impairment constitutes disability harassment and is prohibited by the American with Disabilities Act (ADA). Examples include imitating an employee's impairment or trying to coerce an employee to engage in conduct that would require use of an impaired skill or body part. The person does not have to be disabled as defined by the ADA in order for the conduct to constitute disability harassment.
Age Harassment
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Employees are protected from age harassment only if they are 40 years of age and older. Calling a person "old timer," consistently asking an employee about retirement or saying a person is too old to do a job or work are comments that may be considered age harassment under the Age Discrimination in Employment Act. The law does not provide prohibitions against age harassment for employees under the age of 40.
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References
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