Harassment at a place of work is nothing to joke about. As an employee, you have a right to work at a site that is free from insults, intimidation, and bullying. And yet, even though there are established laws that protect you against these harassment tactics, this sometimes-illegal behavior still occurs. What makes this situation even worse is that there are so many different types of workplace harassment that even the most diligent of supervisors can miss the signs. However, as an employee experiencing this type of harassment, you should not just have to deal with it.
To help you better understand if you are getting harassed at work, we have prepared the following blog post, which will explain the most common types of harassment found in the workplace, and what you can do about it.
Discriminatory harassment refers to the physical or verbal conduct that shows hostility towards another individual based on their race, gender, color, national origin, age, disability, religion, or other protected personal characteristics. Such workplace harassment is considered illegal under both state and federal law.
Racial harassment involves harassment due to your skin color, ancestry, citizenship status, or race. This harassment can include racist jokes, insults, slurs, racial disgust, and even degrading comments.
Gender harassment results from discrimination against another individual because of their gender. This harassment often involves stereotypes indicating how a man or a woman should act.
Religious harassment is more focused on an individual’s religious beliefs. However, it can sometimes overlap with harassment based on race. Religious harassment can involve comments or jokes about religious traditions, holidays, clothing, and customs. Or it can be in the form of pressure to convert an individual into a different religion.
Age harassment often includes any teasing, unfair criticism, insults, or being left out of activities because of an individual’s age. According to the Civil Rights Act of 1964, employers are prohibited from discriminating against workers 40 years or older.
It is illegal to discriminate against another employee because of their real or perceived disability, their relationship to a disabled person, or their use of disability services. This type of harassment is often experienced through patronizing behavior, crude jokes, or refusal to provide reasonable accommodations.
Personal harassment is a type of harassment that is not based on one of the protected classes. But rather, it is the most basic form of bullying that is not illegal. Often this behavior creates an offensive or intimidating work environment for the victim, that includes
- Crude Jokes
- Offensive Comments
- Personal Humiliation Tactics
- Critical Remarks
- Intimidation Tactics
- Excluding Behaviors
Physical harassment, often referred to as workplace violence, is harassment that involves physical threats or attacks. In some instances, it can even be regarded as an assault. Physical harassment needs to be taken very seriously in the workplace and explained clearly to make the actions more defined.
Some examples of physical harassment include the following:
- Threats of direct harm or an intent to inflict this harm
- Physical Attacks that include shoving, kicking, or hitting
- Threatening Behavior (such as shaking your fist angrily)
- Destructive Behavior that is meant to intimidate another employee
Depending on the industry (health care, social services, law enforcement, education), the employees may be at a higher risk of workplace violence.
When there is a power disparity between the harassed and the harasser, it is often referred to as power harassment. The harasser who has a higher status in the workplace hierarchy bullies someone in a lower rank, making excessive demands of them, intruding into their personal life, providing verbal intimidation, demeaning comments, or physical threats.
Psychological harassment often involves specific actions that hurt an employee’s mental wellbeing. Victims of this harassment feel belittled or put down on a professional and personal level, and this harassment can quickly escalate into impacting their health, social life, and work product.
Psychological harassment can include actions such as:
- Isolating the victim
- Ignoring the victim
- Trivializing the victim and their ideas or thoughts
- Spreading rumors about the victim
- Challenging anything the victim says
Technology has significantly improved our working environment. However, as more employers embrace technology’s power, online harassment or cyberbullying is continuously on the rise. This type of harassment often includes:
- Spreading gossip or lies about the victim through social media channels
- Sharing humiliating information about the victim by mass chat or mass email
- Sending harassing text messages or other instant messages to the victim
Retaliation harassment is a form of harassment used in retaliation against another employee for participating in a lawfully protected activity. For example, if employee A files a complaint against employee B, and employee B finds out, and they start harassing employee A as revenge for filing the claim- this type of harassment is called retaliation harassment.
Sexual harassment is a form of harassment that is sexual in nature and includes unwanted sexual conduct, behavior, or advances. Not only is this type of harassment always on the news, but what makes it so prevalent is that it can happen on any worksite, affect both men and women, and impacts the victim’s life immediately. Examples of sexual harassment include:
- Sharing sexual photographs
- Making sexual comments or jokes or posing sexual questions
- Posting Sexual Posters
- Inappropriate sexual touching or gestures
- Sexually invading another employee’s space.
Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment also translated to “this for that” is a form of exchange-based sexual harassment. It is often experienced when a supervisor or manager conditions work benefits in exchange for some sexual favor. It can also occur if the harasser turns to blackmail to coerce another employee into a sexual act. This type of harassment can be either explicit or implicit, meaning the harasser can outright ask for the sexual exchange or hint at it.
Third Parties Harassment
Third-party harassment is a type of harassment in the workplace instigated by a third-party or someone outside the organization, such as a customer, supplier, or vendor. The victims of this type of harassment are often low-status workers or low-power jobs (such as a sales associate or cashier). And even though this type of harassment does not fit the typical workplace harassment narrative, it still is the employer’s responsibility to stop this behavior.
Verbal harassment is often the result of personality conflicts that have escalated into something serious. Even though this harassment is not illegal, a verbal harasser usually involves a consistently unpleasant individual who is constantly throwing insults, swearing, yelling, or making public and private threats. These insults can be particularly damaging since they often go unnoticed by supervisors. It is also important to remember that if this harassment is based on a protected class, it is illegal.
How Can an Experienced Employment Lawyer Help?
If you are getting harassed at work, and you have taken the necessary actions to get this behavior to stop. Yet, your employer has not appropriately responded. You need to contact an experienced employment lawyer today. The legal team at Perkins Asbill is ready to provide you with the legal representation that you need and the help that you deserve. Do not wait any longer; call our office at 916-446-2000.