Were You Harassed At Work?

Were you harassed at work? Are you unsure if what you experienced was workplace harassment? What is workplace harassment?

Can anyone be harassed at work? When is it considered a hostile work environment?

Were you harassed at work and wondering if you should you file a complaint with your Human Resources department? When is the conduct unlawful?

What are some examples of workplace harassment and a hostile work environment?

Unlawful workplace harassment can take many forms. Unlawful harassment boils down to any unwanted physical or verbal conduct based on a lawfully protected characteristic and causes a hostile work environment. The victim and harasser could be different sexes or the same sexes.

According to the U.S. Department of Labor, unlawful harassing conduct must be, in addition to be unwelcome and based on the victim’s protected status,

“1. subjectively abusive to the person affected; and

2. objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or abusive.”

In New York, New York City human rights laws are in place to prohibit harassment at companies employing more than 4 people.

This does not mean that harassment that is less severe or pervasive should not be reported to the company HR. Filing a complaint with a company has many benefits. Human resources can investigate the complaint, speak with the employee whose conduct is unwanted, and they can adjust or create stronger policies regarding harassment and discrimination conduct in workplace.

What are some examples of workplace harassment or sexual harassment?

• Unwelcome touching or flirting
• Inappropriate or crude conversation, jokes or comments
• Employer suggests sex in exchange for promotion (quid pro quo harassment)
• Supervisor threatens retaliation and firing for not giving in to sexual demands (condition of employment)
• Negative comments about physical appearances
• Sexually suggestive photos or videos
• Indecent gestures

If you or a coworker experienced any conduct such as these, you may be a victim of harassment in the workplace. These examples contribute to an intimidating, abusive or hostile work environment.

If the harassment is also based on one of the protected classes: race, color, national origin religion, sex, gender identity, sexual orientation, pregnancy, parental status, genetic information, or disability, then the harassment may be unlawful.

For more information about workplace harassment, send us a message.