Harassment in the Workplace
Harassment is a form of employment discrimination that violates Title VII of The Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex, (including pregnancy), national origin, age (40 or older), disability, or genetic information.
There are two points at which harassment becomes unlawful.
- Enduring the offensive conduct becomes a condition of continued employment.
- The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Types of Workplace Harassment
Offensive conduct classified as harassment may include, but is not limited to the following;
- Offensive Jokes
- Slurs
- Epithets or Name Calling
- Physical Assaults or Threats
- Intimidation
- Ridicule or Mockery
- Insults or Put-Downs
- Offensive Objects or Pictures
- Interference with Work Performance
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive.
How to Prove Harassment
The harassment you experience in the workplace must be of a serious and pervasive nature such that a reasonable person would feel that they are working in a hostile environment. Keep in mind that your employer could challenge your claims if they can prove that they made every reasonable effort to quickly handle or prevent the harassment and that you did not follow their advice or make use of the tools, options, etc. that they provided to help remedy the situation.
Remedies for Harassment
Remedies for harassment can include but are not limited to;
- ✔ Back Pay (diminished by interim earnings, but including lost benefits). Front pay, including benefits.
- ✔ Equitable relief, including injunction, promotion, and/or reinstatement.
- ✔ Compensatory damages, including emotional distress, and medical or psychiatric expenses.
- ✔ Punitive damages.
- ✔ Attorney’s fees and costs.
The case is tried by a jury by the court which determines attorney fee and cost award. The compensatory and punitive damage available is subject to caps based upon the size of the employer. The caps apply as a restriction on the combined compensatory and punitive damages award, but do not encompass the past and future lost income and benefits, or the attorney’s fees and costs, which as noted above are set separately by the court.
- 15 to 100 Employees = $50,000
- 101 to 200 Employees = $100,000
- 201 to 500 Employees = $200,000
- 500+ Employees = $300,000
Harassment FAQ
Can I get fired if I file a harassment lawsuit?
NO! Anti-discriminatory laws prohibit harassment against individuals in retaliation for filing a 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 discriminate against individuals in violation of these laws.
What is the most effective policy for handling harassment cases as an employer?
Have the proper EEOC postings, have a comprehensive employee handbook that employees must read, and sign an acknowledgment of having read it and have annual or biannual training as well as mandatory training for all new hires, do an annual “audit” with sign-off by all employees–see supplemental materials and sample training questionnaire.
Does “sexual harrassment” have to include the act of sex?
NO! Unwanted advances or negative conduct that is sexual in nature does not specifically have to include the act of sex. For example, making offensive comments that are of a sexual nature could be construed as sexual harassment—even if done in a seemingly innocent and joking context.
Who should I inform if I feel that I’m being harassed at work?
It’s important that you inform the person whom you feel is harassing you directly. Tell them their conduct is unwelcome and it must stop immediately. You should also inform your supervisor and HR department. This will create the start of a paper trail that could be very useful in proving your claim.