8 Types of Workplace Harassment and How to Stop Them
No one deserves to feel anxious, unsafe, and unwelcome at their place of work. Unfortunately, various types of harassment continue to occur regularly. According to reports from the US Equal Employment Opportunity Commission (EEOC), 32% of employees experience some type of workplace harassment. What's worse, 46% of employees do not report these cases of harassment because they fear retaliation.
Are you experiencing some form of harassment at your workplace? Or perhaps you know a friend or co-worker who is experiencing workplace harassment and you're not sure if their experience warrants legal action?
Well read on as we explore the following:
What workplace harassment is
The types of workplace harassment
How to deal with workplace harassment
What is workplace harassment?
California's Fair Employment and Housing Act (FEHA) defines workplace harassment in two distinct forms. The first is Quid pro quo harassment and the second is Hostile work environment harassment.
Quid pro quo harassment
This form of harassment as defined by FEHA involves a supervisor asking an employee to engage in offending activity, usually sexual activity, on the condition of receiving some kind of work benefit. This could be a promotion or retention of their job.
Let's consider an example of sexual harassment of women at the workplace:
Sharon's boss has been making sexual advances toward her, telling her how attractive she is. She one day requests a raise based on her performance at work. Sharon's boss then asks to go out with her in exchange for a job promotion. He then proceeds to grope Sharon without her consent.
In this scenario, Sharon has suffered sexual harassment. Under the law, this falls under Quid pro quo harassment.
Hostile work environment
This type of harassment is usually non-sexual and happens when a behavior or conduct from an employer or coworker creates an abusive working environment for the employee. It could be based on factors like race, religion, national origin, or gender of the individual.
An example of this form of workplace harassment is an African American man who frequently gets mocked for the color of his skin. His coworkers leave monkey drawings and make animal sounds at him. Under the law, this is illegal and falls under the Hostile work environment form of workplace harassment.
The law doesn't only give employees the right to file a workplace harassment claim, but also extends to job applicants, interns, volunteers, and contract workers.
Can you sue for harassment based on race, gender, sex, religion, etc?
California law prohibits workplace harassment based on the following categories:
Race
Color
Religion
Ancestry
National origin
Sex
Gender
Physical and mental disabilities
Age
Military status, etc.
If you fall under these categories or other protected categories under California law, you are protected by the law and you may have a claim in court if you fall victim to any form of workplace harassment above.
8 types of workplace harassment
There are several types of workplace harassment. Here are eight of the most commonly experienced types:
Racial harassment
Gender/sex harassment
Religious harassment
Age-related harassment
Sexual harassment
Pregnancy harassment
Disability harassment
Retaliation harassment
Racial harassment
Racial harassment involves taunting a victim based on the color of his or her skin, ancestry, citizenship status, or race. This could include racial jokes or racially degrading comments. It could also include the unfair treatment of an employee based on their association (friendship or marriage) with a certain race.
Gender/sex harassment
When a supervisor or a coworker directs derogatory actions toward someone based on their gender, it constitutes workplace gender/sex harassment. A classic example of this type of harassment is when a policewoman receives derogatory jokes from her male colleagues because of the false perception that police work is for men.
Religious harassment
This type of harassment is focused on one's religious beliefs. This includes various types and sects of religions including Christianity, Islamism, Judaism, and so on.
When workers are treated in a hostile manner based on their religious beliefs, it can fall under religious harassment. Under the law, religious practices and beliefs should be accommodated by the employer as long as they are not an undue burden to the business.
Discrimination based on association with religion is also considered illegal under the law. An example may be when one is discriminated against based on their marriage to someone of a specific religion.
Age-related harassment
This type of harassment is based on one’s age. This usually covers workers who are 40 or older. However, it has been applied to younger workers as well. For example, a supervisor or coworker may consistently make derogatory statements putting down their ability to perform at the workplace due to their age or that they cannot receive a promotion to a certain position because they are too old for it.
Unfavorable performance reviews, decreasing pension, and job reassignment are some subtle tactics employers may use to force older employees to resign or retire.
Sexual harassment
Sexual harassment is a form of sexual discrimination in the workplace. Sharing sexual photographs, making inappropriate sexual gestures, and jokes toward a person in the workplace are some examples of sexual harassment. This can happen to both men and women. If you are experiencing any form of sexual harassment in your workplace, you can speak to a Los Angeles sexual harassment attorney immediately.
Pregnancy harassment
Unfavorable treatment of women employees and applicants based on pregnancy, childbirth, and other pregnancy-related conditions is considered pregnancy harassment.
Pregnancy and the workplace
Pregnancy-based harassment can happen in various forms. It could be making scornful remarks at the physical appearance of a pregnant woman or making statements about the worker being unable to complete a task based on their condition. It could also include wrongful termination after maternity leave or being fired immediately after informing your supervisor of your condition. All these cases are considered unlawful.
If you’ve experienced any form of pregnancy discrimination or wrongful termination of employment based on your condition, you can speak with a Los Angeles wrongful termination attorney.
Law against pregnancy discrimination
The federal Pregnancy Discrimination Act prohibits any form of discrimination based on pregnancy, childbirth, and other pregnancy-related conditions. This law also mandates that pregnant individuals be treated equally for all employment-related purposes.
In the state of California, the California Fair Employment and Housing Act (FEHA) provides protection for pregnant workers. Under FEHA, employers are to provide reasonable accommodation for employees affected by pregnancy as necessary.
Disability harassment
Disability harassment involves an individual being harassed for their physical or mental impairment in the workplace. This could take different forms. An employee could make degrading comments toward a clinically depressed employee or an employer could segregate employees based on illnesses like cancer.
The law requires that employers provide reasonable accommodations for employees with disabilities. If you are facing any form of disability harassment, you are protected by law and have a right to pursue legal action.
Retaliation harassment
When an employer punishes an employee who has participated in a lawfully protected activity, it constitutes retaliation harassment. An example of this could be retaliatory termination of employment by a supervisor because an employee complained about safety violations at the company facilities.
What should you do if you’re experiencing any type of workplace harassment?
If you believe you have been a victim of any type of workplace harassment whether by an employer or employee, here are a few simple but effective steps to take:
Keep records of incidents: Keeping track of incidents of harassment in your workplace can provide be invaluable not only to assure accurate accounting but also as evidence if needed later. To the extent possible, make sure you make contemporaneous notes of specific details of the incident including the date, time, location, and any witnesses. Take screenshots of emails and text messages and keep any objects that can be useful for your case.
Get witnesses: If there are any co-workers or friends who may have been around the time of the incident, you can speak with them to gather corroborating evidence for your case. You could also request that they serve as witnesses. Keep in mind that coworkers may be uncomfortable with getting involved in situations or disputes with supervisors or their employers.
Make a formal complaint to the employer: Under the law, your employer is responsible for protecting their workers from any type of illegal harassment in the workplace. You can bring to their attention any instances of harassment and ask that they take steps to stop or address them. If your complaints fall on deaf ears, you can escalate using the procedures and protocols provided by your employer or consult an attorney. You can also consult the appropriate governmental body responsible for such violations.
Take legal action: You can reach out to an attorney if you are experiencing any form of harassment. Your attorney can help you assess the situation and provide you with your legal options.
Final thoughts
If you are facing any type of harassment in the workplace, you are protected by federal and California state law. You can consult an attorney to assess your particular facts and situation.
At Dejban Law, we have a history of protecting the rights of our clients and you can be sure we will be with you every step of the way.