Harassment
Harassment Definition
Sexual harassment is only one type
of discriminatory harassment at work.
Generally, harassment is any unwelcome, discriminatory conduct in the workplace,
that no reasonable employee should have to endure.
As indicated, workplace harassment is a form of employment
discrimination.
However, to be the illegal form of employment discrimination,
workplace harassment must be based on race, color, religion, national origin,
disability, age or sex.
Sex discrimination includes
harassment based on gender, pregnancy or
childbirth, and in several states and Federal employment, on the basis
of sexual orientation (sexual preference), marital status or parental
status. Disability discrimination includes harassment
for having AIDS (acquired immune deficiency syndrome).
So, it follows that, to be the illegal form of harassment at work, the
unwelcome conduct must violate one among the relevant, landmark discrimination
laws listed on the next page.
The unwelcome conduct must also create an intimidating, offensive, abusive
or hostile work environment,
either for the victim who is the target of the unwelcome conduct or employees
who witness it.
Lastly, the victim or witnesses must reasonably believe that tolerating
the intimidating, offensive, abusive or hostile work environment is a condition
of continued employment; in other words, the victim or witnesses must reasonably
believe that they have no choice, but to endure the workplace harassment
to keep their jobs.
According to the Equal Employment Opportunity Commission
(EEOC), the government agency responsible
for enforcing Federal discrimination laws:
"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."
The EEOC indicates that the offensive conduct must be pervasive or serious
enough, such that a reasonable employee would consider it to be intimidating,
hostile or abusive. Petty slights or annoyances aren't likely to constitute
harassment at work according to the EEOC, at least not in the legal sense;
neither are isolated incidents, unless extremely serious.
Even if each isolated incident is not extremely serious,
enough isolated incidents might add up to extremely serious when
a court views them as a whole.
For example, let's say that your boss has teasingly called you a "rookie" a
couple of times while criticizing your work, because you're a new-hire
working a probationary period. No
matter how annoying the nickname might be to you, your boss using it while
criticizing your work is not likely to fall under the legal definition
of workplace harassment, even if you disagree with his or her criticism.
But, if your boss is a bigoted bully who often
shouts racial or gender epithets at you while criticizing your work, then
it could very well fall under the legal definition of workplace harassment,
even if your performance is below par.
This is just a speculative, fictional example. Contact the EEOC or consult
an attorney to be sure about your situation.
More about that is on the next page.
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