THE LEADERS IN EMPLOYEE JUSTICE

When is Harassment Illegal?

The key is the harassment needs to be illegal for the employee to have the right to sue. Harassment alone is not illegal. For it to be illegal, the harassment has to be based on a person’s race, color, religion, sex, pregnancy, national origin, age disability or genetic information and:

• Enduring such offensive conduct becomes a condition of continued employment
• The offensive conduce is so severe or pervasive that a reasonable person would consider the work environment intimidating, hostile or abusive.

Who Is The Harasser?

The harasser can be:

• the employee’s supervisor
• a supervisor in another department
• a coworker
• an agent of the employer
• a non-employee (i.e. client)

Who Is The Victim?

The victim can be:

• the employee experiencing the offensive and unwelcome conduct
• anyone affected by the offensive conduct