Harassment is unwelcome conduct that is based on a protected characteristic such as race, color, religion, gender (including sexual orientation, transgender status, or pregnancy), national origin, age, disability, or genetic information (including family medical history) or any other protected characteristic (different states can have fewer or additional protected classes). (See What is Workplace Discrimination?)
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Anti-harassment laws also prohibit harassment against individuals in retaliation for filing a claim of harassment discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe harass certain individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must be based on a protected class and create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. Unlawful harassment may occur without economic injury to, or discharge of, the victim.
If you are subject to discrimination or harassment, keep records of dates, emails, texts, comments, or incidents that demonstrate discrimination or harassment. Follow your employer’s complaint procedure, often via Human Resources or a supervisor. Employees should report any harassment they experience or witness to management as soon as possible. Document when and to whom you report it.
No one should be forced to work in an environment filled with intimidation, discrimination, or harassment. If you're experiencing or witnessing unlawful conduct in the workplace, the employment law team at Wilentz, Goldman & Spitzer P.A. can help. We’ll listen, provide legal guidance, and advocate for your right to a safe and respectful workplace. Reach out today for a confidential consultation.
A hostile work environment involves harassment or offensive conduct tied to a protected characteristic, protected activity or retaliation that is severe or pervasive enough to affect the workplace.
Not usually. General rudeness, unfairness or personality conflicts may not be unlawful unless connected to a protected class, retaliation or another protected legal issue.
Yes. Harassment can come from supervisors, coworkers, agents, customers, vendors or others connected to the workplace.
Not always. A person affected by offensive conduct may have rights even if the conduct was aimed at someone else, depending on the facts.
If your company has an anti-harassment policy, you should report the harassment in accordance with that policy. Keep a timeline with dates, people involved, witnesses, what was said or done, where it happened, reports made to management and copies of texts, emails or images.
Meghan Chrisner-Keefe
Counsel
Stephanie D. Gironda
Counsel
