Harassment is defined as unwelcome conduct where the conduct is based on:

  • Race
  • National origin
  • Sex
  • Color
  • Religion
  • Disability
  • Age (over 40 years)
  • Pregnancy
  • Genetic information
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) protect people from unlawful harassment.

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.

Examples of Unwelcome Conduct Which Qualify as Harassment

  • Physical assaults or threats
  • Slurs
  • Epithets
  • Name calling
  • Intimidation
  • Ridicule
  • Offensive pictures

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

Are You Stressed Because Of The Harassment? Workers Compensation Claim Is An Option

As mentioned above, harassment alone is not illegal. If you are being harassed but the conduct is not based on race, color, religion, sex, pregnancy, national origin, age (over 40 years of age), disability or genetic information, click here to learn more about our Workers Compensation Practice Area if you are suffering from severe stress due to the conduct.

Helpful Tip:

Document The Behavior

To help prove your case, it is important you document the harassment (i.e save offensive emails, memos, text messages, etc) and that you follow the reporting system within your company to report the harassment. Of course there will be times when this is not possible, but remember the more evidence you have, the more it will help your case!

Seeking Justice – Your Next Steps

If you know or think you have been victim of harassment, contact Employee Justice Legal Group today for a free consultation!

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