According to the EEOC, workplace harassment is illegal when either of the following conditions are met:
If you don’t put up with the offensive and unwanted actions, communication, or behavior, you could lose your job.The behavior is severe and pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Examples of Harassment
Here are some examples of workplace harassment:
Unwelcome sexual advancesOffensive jokes, stories, or name-callingAny kind of abusive behavior, including threats of violenceOffensive drawings or pictures
Types of Workplace Harassment
Workplace harassment is always wrong, but it becomes unlawful when it’s based on race, sex, age, religion, or any other protected class. There are two main types of illegal workplace harassment: quid pro quo harassment and harassment that creates a hostile work environment.
Quid Pro Quo
“Quid pro quo” means that if you don’t accept the harassment, you could be subject to a “tangible employment action,” such as being fired, demoted, denied a promotion, or getting an undesirable reassignment. The employer is always liable for harassment that results in tangible employment action.
Hostile Workplace Environment
Another effect of ongoing workplace harassment is that it is severe and pervasive enough to create a work environment that a reasonable person would find hostile. A hostile work environment is one that is offensive or intimidating to the person being harassed and/or others in the workplace.
What To Do If You Face or Witness Workplace Harassment
If you are experiencing harassment in the workplace, you can start by telling the person harassing you to stop. But that’s only a good idea if you feel comfortable and safe doing so. If the inappropriate behavior continues, your next step is to consult your employer’s anti-harassment policy and follow the steps outlined in it. If there is no policy, you can ask a supervisor or someone from human resources for help. Many people don’t deal with ongoing harassment because they fear retaliation, but the law is on your side. You have the right to report workplace harassment, and it’s illegal for your employer to retaliate against you for doing so. One option is to file a discrimination charge with the EEOC, which is a signed statement saying that your employer discriminated against you. You have to do this before you can file a discrimination suit against your employer. You typically have 180 days to file a charge, although this can vary depending on state laws.
Other Resources for Protection Against Harassment
The Civil Rights Center U.S. Equal Employment Opportunity Commission (EEOC) Your state’s labor office
Depending on the nature of the harassment, it could violate one or more federal laws. Workplace harassment becomes illegal when the offensive behavior either becomes a condition of employment or it creates a hostile work environment.
