Workplace Harassment
Harassment is continually annoying an individual by creating an unpleasant or hostile environment through verbal or physical conduct. Any behavior that is unwelcomed or discriminatory is considered harassment and can have a negative impact on performance and productivity in the workplace. Harassment can also affect an employee’s advancement opportunities or pay status.
Harassment in the workplace is illegal under the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA) of 1990, Civil Rights Act of 1991, Federal Equal Employment Opportunity laws (EEO), and Title VII of the Civil Rights Act of 1964 (Title VII).
Various types of harassment that could occur in a place of work relate to the following issues:
● Age: May occur in the form of jokes regarding age and other remarks made by managers or coworkers or in the form of discriminatory prac- tices that are intended to force older workers out of the workplace. Age discrimination is covered by the Age Discrimination in Employment Act (ADEA).
● Bullying: Bullying occurs in the workplace when the employer or employees abuse any employee, knowing that the individual will be afraid to stand up to them, and refuse to take responsibility that they are the source of the problem. This type of behavior is considered harassment and is not tolerated.
● Disability: Negative comments or behavior toward an individual or group that is differently abled
are not allowed. Comments can be regarding special procedures or allowances or the right to work. The Americans with Disabilities Act (ADA) prohibits this type of harassment by employers and coworkers.
● Ethnic or National Origin: Similar to racial harassment, this detrimental behavior targets ethnic groups. Employers or coworkers may not treat any employee differently because of ethnic heritage.
● Gender: Employers and coworkers may not belittle or make suggestive comments or jokes about gen- der or about the ability of members of a gender to perform well at work. This is prohibited in state or local statutes or codes.
● Gender Identity: Detrimental comments or ac- tions toward an individual’s gender identification, including cross-dressing and transsexualism, is considered harassment.
● Politics: Employers and coworkers may not treat any employee differently because of political beliefs and affiliation, including making insulting comments or suggestive remarks regarding political af-iliation or associations.
● Language: An employee’s ability or inability to speak English is a protected category. The language spoken is not a requirement for the right to work and is covered in the legal authority through either citizenship or legal alien status with a work visa.
● Marital Status: Any discrimination toward marital status—single, divorced, widowed, or domestic partnership—is considered harassment if it is pro- tected by legal statute
● Race: Detrimental comments or actions regarding race toward an individual or a group is considered harassment. Employers or coworkers may not treat any employee differently because of race and must refrain from making either negative or positive comments, using stereotyped language, or making jokes about race and ethnicity, as they may
be viewed as offensive and therefore harassing. Other examples or prohibited comments and actions include those relating to appearance, education or intelligence, inferiority of ability, or race comparisons.
● Religion: Employers and coworkers may not treat
any employee differently because of religious, moral, or ethical beliefs or affiliations with religious groups. They must make reasonable accommodations for observance of religious days and religious dress codes. Some religions require members to adhere to certain modes of dress, such as head coverings or footwear, and to certain styles
of facial hair. Employers must allow these unless they materially interfere with safety and productivity of others in the workplace. Negative comments or behavior regarding a particular religious faith, credo, or practice is harassment.
● Retaliation: When an employer or supervisor de-motes, terminates, verbally harasses, or singles out an employee because this person would not submit to sexual advances or because he or she filed a discrimination complaint, the supervisor is retaliating against the person. Retaliation can also occur as a result of an employee acting as witness or participating in a discrimination complaint. Laws prohibit employers from creating a hostile work environment through retaliation.
● Sexual Issues: These can take many forms such as coworkers making jokes or remarks of a suggestive or sexual nature, photos or computer screensavers of a suggestive or sexual nature, requests for sexual favors, or unwanted sexual advances. A person may find these behaviors offensive and may feel uncomfortable in the presence of the person who makes the comments.
● Skin Color: This is similar to racial harassment, with the detrimental behavior targeting an individual’s skin color. Employers or coworkers may not treat any employee differently because of the color of his or her skin.
● Verbal: All harassment can be verbal; however, this category specifically pertains to verbal harassment not included in the categories covered. Verbal abuse involves constant detrimental comments meant to degrade an individual, often a coworker, with the intention of demeaning the person or low- ering his or her self-esteem.
● Whistle-Blower: This is a new area that protects individual from any action intended to cause harm to a person who reports a business or individual within a business environment of wrongful acts. Any retaliatory action or behavior constitutes ha- rassment and will not be tolerated.
Harassment can be about any personal characteris- tic and between any two people. It can occur between employees or even employees and non-employees. The victim of harassment is anyone affected by an offen- sive behavior; this isn’t necessarily the person targeted by the harassment.
Any harassment is a form of discrimination and violates Title VII of the Civil Rights Act of 1964 and other federal authority. The federal laws do not prohibit simple teasing, offhand comments, or isolated incidents that are not serious. To be classified as harassment, the conduct must be so offensive that it creates a hostile work environment for an individual.
An individual should report any workplace harass- ment immediately to a supervisor. If the individual’s supervisor is the harasser, the complaint should be taken to a higher level.
An employee should be ensured that any acts of retaliation will not be tolerated. If an employee did not report harassment for fear of retaliation, which in itself is a form of harassment, there would be delays in an investigation. Intimidation could also occur be- cause the harassment was late in being reported. An employer can be held liable for any harassment in the workplace. Managers and supervisors should take im- mediate action to eliminate any workplace harassment as soon as it is reported and maintain a zero-tolerance harassment policy.
It is important for all employees to know what constitutes harassment. Hence, it is necessary to instruct all employees and supervisors on what behaviors are considered harassment. Most employers have an established procedure for filing any case involving harassment in the workplace, and it is important to make these procedures known to everyone.
Questions
1. What is harassment?
2. How is an employee protected from harassment?
3. list five types of harassment in the workplace.
4. When is teasing considered harassment?
5. Who is liable for harassment in the workplace?