How to Understand Workplace Harassment
According to the Equal Employment Opportunity Commission (EEOC), harassment is a form of workplace discrimination that violates the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and/or the Age Discrimination Act of 1967. The EEOC received more than 30,000 complaints of harassment in 2009. Workplace harassment complaints may result in employer liability or the termination of offending employees. Employers provide clearly stated harassment policies to ensure that all employees understand what constitutes workplace harassment. In order to understand workplace harassment, it is necessary to understand workplace discrimination and the behaviors that may result in a hostile work environment.
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Learn the definition of discrimination. Discrimination is unfair or illegal treatment of an individual or a group based on race, sex, age, religion, disability or other distinguishing characteristics. Workplace or employment discrimination occurs when those characteristics are used as the basis for hiring, promotion, compensation, employment conditions and any other aspects of employment. It is unlawful for an employer, employment agency or labor organization to limit, classify or segregate employees in a manner that limits or prevents access to employment opportunities and benefits.
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Understand the types of unlawful discrimination. The Civil Rights Act of 1964 prohibits discrimination against a person based on race, color, religion, national origin or sex. Amendments to the Civil Rights Act make it illegal to discriminate on the basis of pregnancy or because an employee has jury duty. Other legislation makes it illegal to discriminate based on age, disability or genetic information and to base compensation on sex.
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Understand that retaliation and quid pro quo are considered unlawful harassment. It is unlawful to discriminate against or harass an employee who makes a complaint of discrimination or harassment. It is also unlawful harassment to require sexual favors or other behavior as a requirement of employment or as the basis for decisions related to employment.
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Learn the definition of unlawful workplace harassment. The EEOC defines unlawful workplace harassment as conduct by a coworker, customer or client that is unwelcome and based on religion, sex, national origin, race, color, age, disability or genetic information. Workplace harassment occurs when people make offensive or derogatory remarks or display offensive symbols. Harassment may be refusing to make reasonable accommodations for a disabled employee or making offensive remarks about all women.
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Understand what constitutes a hostile workplace environment. Workplace harassment that creates a hostile work environment is unlawful harassment. Unlawful harassment is severe, persistent and pervasive and results in an atmosphere that a reasonable individual would consider abusive, intimidating and hostile. Harassment is unlawful if tolerating the harassment is a requirement of continued employment.
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Learn what does not constitute workplace harassment. Workplace incidents or behaviors may be annoying or occur one time. These behaviors are not unlawful workplace harassment, which involves harassment that is severe enough to create a hostile work environment.
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Tips & Warnings
The EEOC is the federal agency that handles complaints of workplace harassment and discrimination.
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