What Qualifies as Workplace Harassment?

Understanding your rights at work starts with recognizing when behavior crosses the line from uncomfortable to unlawful. While every workplace has its share of difficult personalities and challenging interactions, workplace harassment is a serious legal issue that goes far beyond everyday workplace conflicts.

Workplace harassment affects millions of employees across the United States, creating hostile environments that can devastate careers, mental health, and overall quality of life. Many workers struggle to identify when they’re experiencing harassment versus typical workplace friction, often wondering whether their experiences warrant legal action.

The workplace harassment attorneys at Glaser Labor Law will help you understand what legally constitutes workplace harassment, recognize the warning signs, and learn about your options for addressing these situations. Whether you’re currently experiencing concerning behavior at work or want to be better informed about your rights, this information can help you navigate these complex situations with confidence.

Understanding Workplace Harassment: Definition and Legal Framework

Workplace harassment is defined as unwelcome conduct based on a person’s protected characteristics that creates a hostile, intimidating, or offensive work environment. This definition contains several critical elements that determine whether behavior qualifies as unlawful harassment.

The conduct must be “unwelcome,” meaning the recipient did not invite, encourage, or consent to the behavior. Additionally, the harassment typically targets someone’s protected characteristics, which include:

  • Race
  • Color
  • Religion
  • Sex (including sexual orientation and gender identity)
  • National origin
  • Age (40 and over)
  • Disability
  • Genetic information

For harassment to become legally actionable, it must be severe or pervasive enough to significantly alter the terms or conditions of employment. This means isolated incidents of name-calling or occasional inappropriate comments may not rise to the level of unlawful harassment, unless they’re particularly severe.

Types of Workplace Harassment

1. Verbal Harassment

Verbal harassment encompasses offensive jokes, racial or ethnic slurs, name-calling, insults, and unwanted sexual advances. This type of harassment can occur during meetings, casual conversations, or even through workplace communication systems. Comments about someone’s appearance, abilities, or personal life based on protected characteristics fall into this category.

2. Physical Harassment

Physical harassment involves unwanted touching, hugging, or other physical conduct that creates a hostile environment. This can range from inappropriate touching to blocking someone’s path, destroying personal property, or making threatening gestures. Any unwanted physical contact or invasion of personal space can constitute harassment.

3. Visual Harassment

Visual harassment includes displaying offensive images, cartoons, or other materials that create an intimidating or hostile work environment. This might involve posting inappropriate pictures, creating offensive presentations, or using visual displays that target protected characteristics.

4. Cyber Harassment

With remote work becoming more common, cyber harassment through emails, texts, social media messages, or workplace communication platforms has increased significantly. This includes sending offensive messages, sharing inappropriate content, or using technology to intimidate or embarrass colleagues.

Identifying Harassment: Common Examples and Scenarios

Recognizing workplace harassment can be challenging because it often develops gradually or occurs in subtle ways. Here are specific examples that commonly constitute harassment:

  • Offensive jokes or comments targeting someone’s race, gender, religion, or other protected characteristic create a hostile environment, even if the perpetrator claims they were “just joking.”
  • Unwanted sexual advances or pressure for sexual favors constitute harassment, whether they come from supervisors, colleagues, or clients. This includes persistent requests for dates, inappropriate touching, or making employment decisions based on sexual compliance.
  • Spreading malicious rumors or gossip about someone’s personal life, work performance, or characteristics can create a hostile environment and damage professional relationships.
  • Intimidation or bullying behaviors include yelling, making threats, sabotaging work, or using one’s position to make someone’s job difficult based on protected characteristics.
  • Isolation or exclusion from work activities, meetings, or social events because of protected characteristics can constitute harassment, particularly when it affects job performance or advancement opportunities.

Legal Standards That Determine When Harassment Becomes Unlawful

Not all inappropriate workplace behavior rises to the level of unlawful harassment. The legal standard requires that harassment be either severe or pervasive enough that a reasonable person would find the work environment intimidating, hostile, or abusive.

  • Severity refers to particularly egregious conduct, such as physical assault, explicit threats, or highly offensive language. Even a single incident can be considered unlawful if it’s severe enough.
  • Pervasiveness relates to conduct that occurs repeatedly over time, creating a pattern of behavior that makes the workplace hostile. Multiple incidents of less severe behavior can collectively create an unlawful, hostile environment.

The harassment becomes a “condition of employment” when enduring it becomes necessary to keep one’s job or when it significantly affects work performance, advancement opportunities, or job security.

Who Can Be Responsible for Harassment

Workplace harassment can come from various sources within and outside the organization:

  • Supervisors and managers have particular legal significance because employers are typically held strictly liable for their actions. When supervisors engage in harassment, companies face automatic legal responsibility in many cases.
  • Co-workers can create hostile environments through their conduct, and employers may be liable if they knew or should have known about the harassment and failed to take appropriate action.
  • Customers, clients, and vendors can also engage in harassment. While employers aren’t automatically liable for third-party harassment, they must take reasonable steps to protect employees from known harassment by non-employees.

Steps to Take When Experiencing Workplace Harassment

If you believe you’re experiencing workplace harassment, taking prompt and appropriate action can protect both your rights and your case:

  • Document everything by keeping detailed records of harassment incidents, including dates, times, locations, what was said or done, and any witnesses present. Save emails, text messages, or other evidence of harassment.
  • Report the harassment through your company’s established procedures, typically to HR, your supervisor, or another designated person. Follow your employee handbook’s reporting procedures when possible.
  • Keep copies of all reports you file and any responses from management. This documentation becomes crucial if you later need to file a legal claim.
  • Continue performing your job duties professionally while addressing the harassment through appropriate channels.

Company Policies and Prevention Measures

Employers have legal obligations to maintain harassment-free workplaces. Effective company policies should include clear definitions of harassment, multiple reporting options, prompt investigation procedures, and anti-retaliation protections.

Companies must take harassment complaints seriously and conduct thorough investigations. They’re required to take appropriate corrective action when harassment is found, which might include disciplinary measures, training, or policy changes.

However, not all employers fulfill these obligations adequately. Some may dismiss complaints, fail to investigate properly, or retaliate against employees who report harassment.

When to Consider Legal Action

Several factors indicate when legal assistance may be necessary:

  • Your employer fails to investigate harassment complaints or takes inadequate corrective action
  • You experience retaliation for reporting harassment
  • The harassment continues despite reporting it through company channels
  • The harassment is severe or has significantly impacted your work environment
  • You’ve suffered economic losses due to harassment (lost wages, missed promotions, medical expenses)

The Equal Employment Opportunity Commission (EEOC) investigates workplace harassment claims and can provide remedies, including monetary damages, policy changes, and other relief. However, EEOC claims must typically be filed within specific time limits, making prompt action important.

Taking Action to Protect Your Rights With Help From Glaser Labor Law

Workplace harassment can have devastating effects on your career, health, and well-being. Understanding your rights and taking appropriate action when harassment occurs is essential for protecting yourself and potentially helping others facing similar situations.

Remember that you have the right to work in an environment free from harassment based on protected characteristics. Don’t let fear or uncertainty prevent you from addressing serious workplace harassment situations.

If you suspect that you are a victim of harassment in the workplace, do not hesitate to contact the harassment lawyers at Glaser Labor Law today. We can schedule a consultation to review your situation and explain your options for seeking justice. Call (310) 803-9886 today, or submit a contact form through our website.

Glaser Labor Law
Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.