Workplace Harassment (Explained Simply): The Worker's Guide To Using the Employment Laws to Navigate a Hostile Work Environment

Race Based Harassment

When a company's intention is to create a negative impact on a person because of the color of their skin it is considered racial harassment.

An employee’s racial characteristics can be targeted. These include hair texture, facial features, skin color or other stereotypical differences.

This encompasses treating an employee badly because of their involvement (marriage) or association (friendship) with someone of a certain race.

Common forms of racial harassment include:

• Derogatory comments
• Racial slurs
• An environment of intolerance
• Degrading remarks
• Expression of disgust
• Offensive jokes
• Display of racially-offensive symbols

Gender/Sexual Orientation - Sex-based Harassment

When derogatory actions are directed at someone because of sexual orientation or their gender identity it constitutes sex-based workplace harassment.

The harassment does not have to be sexual in nature but can include it. Sexually offensive remarks or derogatory behavior is enough to potentially file a claim.

Reverse harassment because of negative gender stereotypes also qualifies.

Common examples of reverse gender occupations include:

• Woman police officer or firefighter
• Homosexual male construction worker
• Male nurse or hygienist

These employees are commonly harassed because their career is perceived as a job of the opposite gender.

Sex-based harassment is not restricted to the opposite sex, it can come from the same gender or sex as well.

Just like racial harassment it must occur on a regular basis and cannot be a rare incident.

The victim must also be offended and not have considered the actions as tolerable and innocently joking.

Simple random teasing can quickly change to frequent and hostile, however. When these actions are directed at a person’s sex and escalate to the level of severe, harassment exists.

Workplace Sexual Harassment

Sex-based harassment also includes sexual harassment. Workplace sexual harassment can be verbal and physical in nature and is most commonly experienced by women.

Sexual harassment directed towards men is becoming more common, however.

Sexual harassment can consist of:

• Request for sexual favors
• Groping or inappropriate touching
• Sexual Advances
• Quid Pro Quo

Quid pro quo means someone is offered advancement or workplace benefits for providing sexual favors. Sexual harassment exists even if the person goes through with the requested act.

Conversely, if the harasser is rebuffed and then threatens action against the person who denied them a sexual favor, a claim for sexual harassment is valid.

Sexual harassment is not always reported. Companies can get away with it for years and it often becomes a part of their business’s culture.

Religious & Belief Harassment

On the job religious discrimination is typically combined with racial harassment but its focus centers on a person’s strongly held beliefs.

Harassment laws protect all sincerely held religious beliefs, including religions like Christianity, Islamic, Judaism and Buddhism.

Associated religious discrimination is also protected.

Associated discrimination is when employees are harassed because they are married to or associated with someone of a specific religion.

Just like sexual and racial harassment, simple teasing and rare innocent comments are not forbidden. When treatment of religious beliefs becomes hostile it is harassment.

Laws do require businesses to reasonably accommodate a person’s strongly held religious practices. This is where a lot of companies run into issues with the faithfully religious.

Religious practices accommodation is required as long as it does not cause more than a minimal burden on the business.

Reasonable changes to the workplace are required so employees can practice their religion. When no action is taken to rectify this, it may constitute harassment.

Intentionally modifying company policies to conflict with someone's religious needs is considered a hostile employment practice.

Examples of intolerance in the workplace include:

• Disregarding religious holidays
• Intolerant of traditions
• Intolerance of customs
• Derogatory jokes
• Conversion pressure

Intolerance can also exhibit in the form of dress and grooming. Religious beliefs have specific forms of appearance like Muslim head scarves or Sikh uncut hair.

Employees need to discuss these practices with their employers and request accommodation.

If the request does not place undue hardship on the business, then the company must accommodate their religious custom.

Religious workplace harassment is based on an “undue hardship” for the business. Sometimes accommodations cannot be met.

Instances when undue hardships eliminate reasonable accommodation include:

• Costly to the business
• Compromises workplace or customer safety
• Decreases efficiency
• Overburdens other employees
• Infringes on fellow workers rights

These burdens would disqualify a harassment claim but would not disqualify the claim if the business's behavior was hostile or discriminatory in nature.

Harassment of Disability

Someone with a mental or physical impairment that substantially limits significant life activities is legally disabled.

This includes those who had a history of disability but do not currently suffer from it. More broadly it also covers those assumed to have a disability.

Sometimes they are mocked for the “special treatment” they require and are forced to deal with this torment. A quid pro quo atmosphere exists when they are forced to deal with these unwelcome comments at the risk of being fired.

Disability harassment includes derogatory teasing, patronizing and offensive conduct directed at a disabled person.

The actions must rise above simple and seldom joking and be an unwelcome action.

Laws require employers to provide reasonable accommodations for those dealing with impairment. When an employee's requests are ignored or treated as hostile, it is a form of workplace harassment.

If companies cannot comply with a disabled worker’s request, they must show that it would cause an undue burden on the business. In this situation an open dialogue about the situation is recommended. When this does not occur, a legal action may be justified.

Once employees disclose a disability, employers may only request medical documentation to support an accommodation or to find out if the employee is unable to complete a job safely and successfully.

Supervisors commonly treat the newly disabled in a variety of hostile ways so they are effectively forced to quit.

Common examples of harassing conduct include:

• Referring to a clinically depressed employee as lazy and a slacker
• Segregating employees based on chronic illnesses like HIV or Cancer
• Spreading rumors
• Requiring new tasks beyond their physical abilities

These hostile workplace tactics are not uncommon and are a violation of the ADA.

Age-based Harassment

Ageism is a form of discrimination against someone because of how old they are. This is commonly associated with people over 40.

When ageism rises to the level of discrimination it is considered workplace harassment. The ADEA prohibits treating an employee or applicant less favorably because of their age.

Federal law only covers those employees age 40 or older, although some States have laws in place that protect younger workers.

Being part of the 40 and older group does not exempt supervisors or managers from harassment claims. A 48-year-old boss can be held accountable for age-based harassment against some 41 or 62.

Age discrimination includes actions that rise above the simple level of teasing or joking. A rare “okay boomer” comment does not qualify.

However, if these comments are consistent and a pattern of insults and derogatory statements is occurring it is considered harassment.

Verbal Harassment Examples Include:

• Derogatory comments
• Slurs and insults based on age
• Put-downs enforcing negative stereotypes
• Favoritism for younger employees
• Remarks that age affects performance

Beyond verbal or physical harassment companies can actively root-out older employees by creating an environment of hostility or through constructive discharge.

Corporations prefer younger, less expensive workers and they use specific tactics to successfully make room for them by sacrificing older employees.

Company Ageism Overburdening Tactics:

• Series of unfavorable performance reviews begin
• Insurance benefits decrease suddenly
• Physical tasks added above beyond your ability
• Standard pay increases stop
• New and advanced assignments or skills are required without proper training
• Rigorous workplace travel demands added without reason
• Job reassignment

These tactics can be physically or mentally applied causing undue hardship for workers.

The implementation of these actions is designed to force an employee to resign.

Employers must have justification for requiring these new actions of an older employee. The actions should also be found company wide.

Overburdening and/or harassing an older employee must be considered severe and pervasive enough that a hostile workplace exists.

To prove this employment attorneys, present the totality of events that paint a picture of willful misconduct on the part of the employer.

Before a case can be brought to court or a successful legal claim made, age discriminated victims must first file a complaint with the Equal Employment Opportunity Commission (EEOC).

After filing the EEOC will investigate and grant a right-to-sue notification based on the evidence.

Pregnancy Harassment

The unfavorable treatment of women applicants or employees based on childbirth, infant adoption, pregnancy or related conditions is considered pregnancy harassment.

Many expectant families are excited about a new family member coming into the world. For employers this can be a different story.

Pregnancy is considered a temporary disability and companies know additional burdens may be placed on them. When the extensive unwelcome conduct is directed at an employee because of their pregnancy status it is considered workplace harassment.

This hostile work environment can come from supervisors or fellow employees, men or women. Individuals may be upset about the pregnancy leave and additional perceived benefits pregnant workers are provided.

While simple teasing and unintended comments are permitted, the sum of actions, and the intent of those actions, is what determines illegal conduct.

Pregnancy based harassment can occur in a variety of ways.

• Inappropriate remarks about physical appearance
• Criticizing an employee's' sexual activity
• Comments about using birth control, contraception or abortion
• Implying employees should quit or not come back
• Derogatory statements about inability to complete tasks because of the condition

While this behavior can exist during the pregnancy, an important part of PDA law is the protection of post-pregnancy workers.

Post-pregnancy harassment protected conditions include:

• Miscarriage
• Breastfeeding
• Abortion
• Related conditions to childbirth

Pregnant women and the conditions related to childbirth are considered a temporary disability. Therefore, they receive the same rights as a temporarily disabled worker.

Examples of hostile actions directed at pregnant female employees:

• A qualified female applicant is asked if she plans to have a child soon.
• During a job interview it is revealed that she is 3 months pregnant and the employer requests she return after the baby is born.
• Being fired after informing the supervisor you are expecting.
• Requesting lighter physical duties in lieu of pregnancy and being denied.

These are blatant violations that require action on the part of the victim. Unreported claims allow companies to continue with their discriminatory practices.

Pregnancy and maternity leave have additional rules companies need to follow.

Employers may not require women to prove they are pregnant or have a related medical condition with a doctor note if medical documentation is not required of other employees.

During pregnancy, as long as they can perform their duties, pregnant women must be permitted to work.

If they need some time off for medical reasons they must be allowed to return to work if their condition allows. Companies may not require them to stay on leave until the pregnancy is over. Not allowing them to return is typically done if a temporary replacement has been hired.

Once their child is born maternity leave is required. The FMLA allows for up to 12 weeks of leave. This absence due to pregnancy can be paid or unpaid. The business must hold open the position and not permanently replace her.

The only maternity restriction is that employees must have worked for the company for 12 months for eligibility. This can include the months they were pregnant.

Violating or knowingly disregarding these laws is unlawful. All claims must first be filed with the EEOC but consulting an employment attorney for representation is highly recommended.

Another violation that happens to pregnant women is denial or limiting of insurance benefits. It is the law that companies offering insurance to employees must also offer coverage for pregnancy, childbirth and medical conditions associated with it.

New employees cannot be denied insurance coverage if they are pregnant when hired.

Genetic Information

Information about a person's genetic tests is private. This data is part of their medical records and can lead to additional medical care needs.

Knowledge of potential future conditions, family medical history, possible disorders and diseases can be discovered with genetic testing.

When this happens insurance costs for corporations can rise because additional coverage is required.

Under the 2008 Genetic Information Nondiscrimination Act (GINA) discrimination against employers based on their genetic tests is prohibited.

Purposely exposing a person’s test results is also a serious breach of law and punishable criminally and civilly.

GINA also forbids organizations for requesting, requiring or buying genetic info about future or current employees.

When companies do request medical records of an employee for medical leave or disability, they must specifically request genetic information not be sent.

Companies cannot ask about family medical history in employment-related medical exams, applicant exams or fitness for duty examinations.

If a company does keep a record of genetic employee genetic information, it must be stored securely and separately from other employment records.

Examples of Genetic Discrimination include any hostile remarks or actions against an employee based on their genetic information. This includes:

• Genetically carried diseases like sickle cell anemia
• Gene-based family conditions like breast cancer gene BRCA

Denial of employment or benefits based on these genetic markers or potential risk of disease is illegal.

Nation of Origin

National origin discrimination is based on treating people (job applicants or workers) negatively because they are from certain countries, ethnicity, accent or ethinc background.

This form of harassment can be discrimination based on:

• Immigrant Status
• Language
• Ethnicity
• Accents
• Foreign Status

As with all workplace discrimination it can involve people of the same ethnic background as the harasser or hostility toward someone for an association or marriage to a foreigner.

This includes hiring, termination, pay, job requirements, advancement, layoffs, training, additional benefits, or any common aspect of employment.

Businesses that show a pattern of hostile, offensive, and derogatory remarks directed at an employee based on their national origin are in violation of the law.

Examples of include:

• Constant mocking of a employee’s accent
• Not displaying employment laws and regulations in their native language
• Putting up signs or symbols directed at an employee's country of origin
• Enforcing negative stereotypes associated with ethnicity
• Segregating employees based on ethnicity

Beyond these actions, the complex rules of language must be followed. In the United States, English is the most commonly spoken language.

Speaking English fluently can only be required if it is needed to perform the job effectively. For example, a customer service or sales agent.

'English only' rules can be applied if it is necessary for employee and customer safety. An example of this is an Air Traffic Controller.

Either one of these policies can be put in place if based on a nondiscriminatory reason.

For employees with heavy accents the situation may also apply. Companies must not hire, discipline or fire employees based on an accent or a way of speaking unless it seriously interferes with business operations.

Almost every employee who comes to the United States to work has some form of accent. Immigrants to the US have employment rights whether they are citizens or not.

The Immigration Reform and Control Act (IRCA) of 1986 makes it unlawful for companies to base hiring, pay and advancement practices on citizenship or immigration status.

Business with a policy of only hiring citizens of the United States are also in violation of the law.

Companies will sometimes attempt to trick or manipulate foreign workers by requesting additional documentation that is not required or not accepting valid employment eligibility documentation.

These businesses are preying on people’s lack of knowledge about US employment laws in order to discriminate or pay them less.