Workplace harassment is unwelcome conduct or behavior that creates an intimidating, hostile, or abusive work environment. This may involve actions, comments, or gestures that degrade or harm individuals based on personal attributes like gender, race, age, or other protected categories. Several forms of harassment can occur in a professional environment.
What Are the Types of Workplace Harassment?
Each type of harassment has distinct characteristics and legal implications, but all are prohibited under federal and state employment laws.
What Is Sexual Harassment?
Sexual harassment involves unwelcome conduct of a sexual nature that affects an individual’s work environment or job status. This form of harassment may include inappropriate touching, suggestive remarks, explicit jokes, or sharing of offensive materials. Sexual harassment can take two primary forms: “quid pro quo” and a hostile work environment.
- Quid pro quo harassment occurs when job benefits, such as promotions or assignments, are contingent on an employee accepting or rejecting sexual advances.
- Hostile work environment harassment is based on pervasive or severe behavior that creates a work environment filled with intimidation, discrimination, or discomfort due to unwelcome sexual conduct.
Employees experiencing sexual harassment have rights under federal laws like Title VII of the Civil Rights Act of 1964, as well as state protections.
What Is Racial Harassment?
Racial harassment consists of discriminatory actions or comments that target an individual’s race, ethnicity, or skin color. This form of harassment may involve offensive jokes, slurs, stereotypes, or displays of racist symbols within the workplace. Racial harassment creates a hostile work environment that undermines the employee’s dignity and sense of belonging. Like other forms of harassment, racial harassment is prohibited by federal and state anti-discrimination laws, which aim to protect individuals from facing such behavior due to their race or ethnic background.
How Does Harassment Based on Disability Occur?
Harassment based on disability targets individuals due to physical or mental conditions, including offensive remarks, mockery, or actions undermining their capabilities or accommodations. The Americans with Disabilities Act (ADA) protects employees from such treatment, requiring employers to provide reasonable accommodations and prevent discriminatory behavior.
What Is Age-Based Harassment?
Age-based harassment often targets employees over 40. Examples include offensive comments, jokes, or actions that imply they are less capable due to age. It can also include assigning less favorable tasks or terminating employment. The Age Discrimination in Employment Act (ADEA) protects against such discrimination, which can lead to emotional distress and career setbacks.
How Does Religious Harassment Impact the Workplace?
Religious harassment involves unfair treatment or offensive remarks based on employees’ beliefs or practices, such as mocking religious attire or denying accommodations. Title VII of the Civil Rights Act requires employers to accommodate religious beliefs unless it causes undue hardship.
What Is Harassment Based on Sexual Orientation?
Harassment based on sexual orientation involves discriminatory behavior against individuals due to their actual or perceived sexual orientation. This includes derogatory comments and actions that create a hostile work environment. Title VII of the Civil Rights Act protects sexual orientation, with additional state-specific protections in places like New Jersey.
What Should I Do if I Experience Workplace Harassment?
If you experience workplace harassment, these steps can address the issue:
- Document incidents, noting dates, times, witnesses, and details of the behavior for evidence.
- Report the incident to the human resources department or a trusted supervisor, as many companies have policies for handling harassment claims.
- If internal reporting does not resolve the issue, consider legal action.
The South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Can Fight to Protect Your Workplace Rights
Workplace harassment can have a lasting impact on your professional and personal life. The South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC provide guidance on workplace rights and options to address unfair treatment. For a free consultation, complete our online form or call our Mount Laurel and Atlantic City, New Jersey, offices at 856-235-7075. We serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.