What Constitutes Workplace Harassment?

What a supervisor sees as authoritative, an employee may see as harassment.

Workplace harassment is harder to define than it was just 10 or 20 years ago, partly because of changes in laws and partly because formerly commonplace behaviors are under greater scrutiny. What was once just workplace banter or teasing could now be illegal, or at the very least, could cost your company a lawsuit. And while there are some legal precedents and guidelines, the definition of harassment is also subjective.

Legal Definitions

According to the Equal Employment Opportunity Commission, harassment includes behavior 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. Harassment also includes actions in retaliation for filing a discrimination charge, participating in an investigation or opposing illegal employment practices. The behavior must be ongoing, creating an intimidating, hostile or offensive work environment.

Bullying

Workplace bullying usually refers to behavior by someone's supervisor, often in the form of ongoing verbal harassment. Unlike harassment linked to specific characteristics such as age, race or sex, general workplace bullying doesn't fall under existing employment discrimination laws. Bullying includes blatant abuses of power, in addition to more subtle ploys such as intentionally assigning more work than an employee can manage, in order to sabotage him or her.

Sexual Harassment

The definition of sexual harassment has changed dramatically just in the last few decades, and can even include a flirty text or instant message, as outlined in the Aug. 6, 2009 "Forbes" article "The 'New' Sexual Harassment." It doesn't have to involve an overt sexual proposition or threat, and it isn't limited to interactions between opposite sexes. Also, it's not limited to actions directed at a specific person. Making inappropriate or explicit jokes or comments about sex or about the opposite sex could fall under sexual harassment, providing plaintiffs can establish the actions created an offensive work environment.

Harassment Against Males

Since 1990, sexual harassment claims filed by men have doubled to more than 16 percent of the total claims filed, according to the Equal Employment Opportunity Commission. And even though total sexual harassment claims have decreased, claims by men are still increasing. What some may see as "locker room talk" or "horseplay" may fall under harassment, particularly if plaintiffs can prove it created a hostile work environment. Interpretations vary widely among courts. But in a 1998 U.S. Supreme Court ruling in the case Oncale v. Sundowner Offshore Services, justices said the behavior must not only sexual in nature, but also constituted discrimination based on sex.

Religious Harassment

As workplaces become more diverse, religious differences may lead to harassment and discrimination. The May 19, 2008 issue of "Workforce Management" details a religious harassment claim filed by the Equal Employment Opportunity Commission on behalf of an African-American Muslim. He who endured religious-based harassment at his job for over a year, with coworkers calling him names like "towel head," suggesting he was a terrorist and making comments associating Muslims with violence. Eventually, the 4th Circuit Court of Appeals in Richmond, Va. found this constituted harassment.

References

• Equal Employment Opportunity Commission Harassment Information
• "Workforce Management" Recession Unleashes Boss Bullying; Ed Fraunheim; April 2010
• "Forbes" The New Sexual Harassment; Kiri Blakeley, Aug. 6, 2009
• "Workforce Management" When Men are Harassed; Ron Chapman Jr.; May 2010
• "Workforce Management" Religion-Based Harassment; James E. Hall, Mark T. Kobata and Marty Denis; May 19, 2008