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 petty slights or annoyances aren't
likely to constitute harassment at work, at least not in
the legal sense. Neither are isolated incidents according
to the EEOC, unless extremely serious.
For example, let's say that your boss sometimes jokingly
calls you a "rookie" 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 might 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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