Understanding Workplace Harassment Laws: Beyond Sexual Harassment

Types of Workplace Harassment

Federal law prohibits harassment based on any protected characteristic: race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40+), disability, or genetic information.

What Constitutes Harassment?

Harassment becomes illegal when the conduct is severe or pervasive enough to create a hostile work environment, or when enduring the offensive conduct becomes a condition of continued employment. A single incident can constitute harassment if it is sufficiently severe.

Examples include: Offensive jokes or slurs, physical threats or assaults, intimidation, mockery or ridicule, offensive objects or pictures, and interference with work performance.

Hostile Work Environment vs. Quid Pro Quo

Hostile work environment: Unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.

Quid pro quo: When a supervisor conditions employment benefits (hiring, promotion, continued employment) on the employee submitting to unwelcome conduct.

Employer Liability

Employers are automatically liable for harassment by supervisors that results in a tangible employment action. For co-worker harassment or harassment that doesn't result in a tangible action, the employer is liable if it knew or should have known and failed to take prompt corrective action.

Steps to Take

Document incidents in detail, report through internal channels (HR or management), file with the EEOC within 180-300 days, and consult an employment attorney. Many harassment attorneys work on contingency, meaning no upfront fees.