We often hear about workplace harassment without truly understanding what it means, what employees’ rights are, and what they should (and must!) do about it if they experience it.
Workplace harassment
Harassment in the workplace seriously violates employment law. It can, and often does, create a hostile and toxic work environment that significantly affects employees’ well-being and performance.
Federal and state laws
Both federal and state laws exist to prevent and punish workplace harassment. However, that does not mean that it does not happen. As with anything, illegal conduct occurs despite the law.
Your rights
Under federal and state laws, employees have the legal right to work in an environment free from harassment based explicitly on race, color, religion, sex, national origin, age, disability, and other protected characteristics.
Harassment can take many forms. It can show up as microaggressions and, more prominent, overt actions, such as verbal abuse, offensive jokes, inappropriate touching, or even cyberbullying.
Proving harassment
To prove harassment has taken place, or, in other words, for an action to qualify as harassment under the law, the conduct must be:
- Not welcome or invited
- Pervasive or ongoing
- Severe enough to affect the conditions of employment
Retaliation
In addition, employees have the right to defend themselves against workplace harassment without fear of being retaliated against for standing up for themselves. Consider Title VII of the Civil Rights Act of 1964 and the Missouri Human Rights Act.
If an employee reports harassment, as they should, the employer is legally obligated to investigate the complaint and take actions to resolve the situation. If the employer fails to act and the work environment is hostile, the employer can likely expect legal action.
Taking action
If you experience workplace harassment, it is critical to take action. You must act if someone subjects you to unwelcome and pervasive treatment that creates a hostile work environment or retaliates against you for defending yourself against this illegal behavior.
- Document the harassment as much as possible. Whether it is you or someone else, ensure you have copies of anything that could lead an individual to believe that harassment exists.
- Familiarize yourself with the company’s policies and follow the protocol for reporting incidents and resolving disputes. You may have to take further action if you suspect bias or your superior does not act on your complaint.
- Report the harassment to the authorities. Some companies have a transparent chain of command; others are unclear, so you must figure out where to go. The important thing is to report the misconduct.
- Remember to follow up to ensure the company seriously addresses your concerns. If you can, offer potential ways to fix the issue so you can proactively be part of the solution rather than the problem.
- Seek legal advice from an experienced employment attorney. If the harassment continues or the employer does not act on it or retaliate against you, ensure your attorney has everything they need to begin legal action against your employer.
Workplace harassment is a problem that affects us all. Employers carry significant liability for their own people’s conduct and on the other hand, it negatively impacts company employees’ lives and productivity, making an all-around terrible experience. Always stay on the right side of the law.