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Not all harassment is illegal.  This article explains what exactly constitutes harassment — and what you can do if you are being harassed at work.

What Is Harassment?

Many employees may feel as though they are being harassed at work.  Perhaps a co-worker is supervisor is annoying, or is bothering them while they work, or maybe office jokes have gone a step too far.  Unfortunately, not all forms of harassment give rise to legal rights.  Workplace harassment has a very specific legal definition.

If you believe that you have experienced harassment while on the job, this article can help you determine whether it is the type that can lead to a legal claim.  An experience employment law attorney can provide guidance you on your legal rights if you had additional questions.

What Is Workplace Harassment?

As mentioned above, harassment in the workplace is only against the law if it meets a certain definition.  Specifically, illegal workplace harassment occurs when an employee suffers unwanted conduct based on a protected trait, and the employee either (1) had to endure the conduct to keep their job or (2) the conduct was so severe and pervasive that it created a hostile work environment.  In most cases, isolated incidents won’t be enough to qualify as workplace harassment, but there are exceptions to that rule.  There is some conduct that is so severe that even one incident can lead to a claim of workplace harassment.

Harassment is a form of discrimination, and it is prohibited if it is done because of a person’s protected trait.  A protected trait is one that is specifically outlined by federal, state and local law.  Under federal law, those traits include gender race, color, national origin, pregnancy, age, religion, disability, and genetic information. Most states and some local governments have enacted anti-discrimination laws  as well, many of which protect the same traits as federal laws, and may protect addition traits such as sexual orientation, military status or service, marital status, political activities,  gender identity, arrest and conviction record, observance of Sabbath, unemployment status, and status as a victim of domestic violence.

Is It Workplace Harassment?

Harassment can happen in many different ways, and from different people, including co-workers, customers, contractors or supervisors.  It can either be verbal or physical.  Whether or not a particular situation qualifies as harassment depends on the specific facts of the case.

Verbal harassment is a common form of harassment that happens at far too many workplaces.  It can consist of jokes, slurs, name-calling and insults.  Making jokes about a person’s national origin — such as calling a Muslim co-worker a terrorist or an Italian co-worker a member of the mob — could be a form of harassment.  If employees or others make sexual jokes and innuendo, that could also be a form of harassment — whether the target is male or female.

Physical harassment is less common than verbal harassment, but it may be more severe.  It often is found in claims of sexual harassment, and can include anything from groping, rubbing, hitting, touching or pushing.  If an employee purposefully pushed up against other employees repeatedly, that could be a form of workplace harassment.  Again, it does not matter if the target of the physical harassment is male or female — any person can be the target of discrimination.

There are also situations where the harassment is not explicitly verbal or physical.  For example, if an employee displays degrading images of women in their work space, or hangs a noose up in the office to intimidate African American co-workers, each of these items could be a form of harassment, particularly if the conduct happened on more than one occasion.  Workplace harassment could also include a mixture of verbal, non-verbal and physical actions.

There are also times when a customer or other third party’s conduct could give rise to a workplace harassment claim.  If a delivery person or customer consistently made racist or sexist remarks to employees, for example, and management knew and did not intercede, the employee could have a workplace harassment claim.

Workplace harassment can have severe consequences for victims.  If you believe that you have been subjected to workplace harassment, a knowledgeable employment law attorney can evaluate your case and explain the process of filing a claim to you.  Contact PLBH today at (800) 435-7542 or info@plblaw.com to learn how we can help you if you have been subjected to workplace harassment.