Whatever the chosen profession, we enter the workplace expecting to focus on our work. We may build or teach, create or repair. Regardless of the actual work, we expect to be treated fairly and have a safe working environment. Unfortunately, this is not always the case. Harassment and hostility within the workplace is more than just uncomfortable, it may be illegal. Those who believe they may be victims of illegal workplace harassment can hold perpetrators accountable. The following will provide some clarity, explaining the legal nuances to these terms so you can better understand if it makes sense to move forward with a claim or not.
What is illegal workplace harassment?
Illegal workplace harassment occurs when an employee is treated poorly due to a protected characteristics such as race, gender, age, religion, or disability. This conduct becomes unlawful when it becomes a condition of continued employment or when it creates a work environment that a reasonable person would consider intimidating, hostile, or abusive. Harassment can take many forms, including but not limited to:
- Sexual harassment: Unwelcome sexual approaches, demands for sexual favors, and other verbal or physical conduct of a sexual nature.
- Verbal harassment: Insults, slurs, or derogatory comments based on protected characteristics.
- Physical harassment: Unwanted touching or physical interference with an individual’s work.
It is important to document and keep records of any potential incidents.
What is a hostile work environment?
A hostile work environment is a form of harassment where the behavior is severe or pervasive enough to create an intimidating or offensive work atmosphere. In Missouri and Kansas, the legal standards generally require that the conduct must be unwelcome, based on a protected characteristic, and severe or pervasive enough to affect the terms and conditions of employment.
What steps should I take if I believe I am the victim of harassment or a hostile work environment?
When HR does not adequately address issues of a hostile work environment or harassment complaints, employees may need to consider legal action. Here are steps to follow:
- Document everything: Keep detailed records of incidents, including dates, times, locations, and any witnesses.
- Report the issue: Follow your company’s procedures for reporting harassment. If HR does not respond, escalate the issue to higher management.
- Seek legal advice: Consult with an employment attorney to understand your rights and options.
- File a complaint: In some cases it makes sense to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency.
Taking these steps can help build a strong case if legal action becomes necessary. It is important to act promptly, as there are time limits for filing complaints with the EEOC and state agencies.
Understanding the legal standards for workplace harassment and hostile work environments in Missouri and Kansas is essential for protecting your rights. By recognizing the types of harassment and knowing the steps to take when HR fails to act, employees can better navigate these challenging situations. Remember, a safe and respectful workplace is not just a legal requirement but a fundamental right.