What Is Considered Harassment in the Workplace?

Workplace harassment is a critical issue that affects employees and employers in significant ways. Understanding what constitutes harassment is essential for fostering a safe, inclusive and productive work environment. For employees, recognizing harassment can be the first step in seeking justice for mistreatment. For employers, addressing harassment properly is vital to maintaining compliance with the law and protecting the well-being of their workforce. Minnis & Smallest LLP helps employees understand the key elements of workplace harassment so they can protect their rights.

Defining Workplace Harassment

Under federal law, the U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome conduct based on race, sex, age and other protected characteristics. Harassment becomes unlawful when enduring it becomes a condition of continued employment or when the conduct is severe or pervasive enough to create a hostile or abusive work environment. Similarly, California law expands on these principles through protections outlined in the California Fair Employment and Housing Act (FEHA), offering additional safeguards to employees.

California law is particularly distinct in its attention to preventing harassment and promoting workplace equity. It prohibits verbal, physical and other forms of unwelcome conduct if it is based on a protected characteristic and if it hinders an individual’s right to work in a safe and equitable environment. This comprehensive approach helps protect employees from unlawful mistreatment.

Types of Workplace Harassment

Harassment in the workplace can occur in varied forms, each capable of creating a toxic or hostile work environment. To fully understand whether harassment has occurred, it is essential to examine some of the specific behaviors that may violate federal or California state laws.

Verbal Harassment

Verbal harassment includes unwelcome comments, threats, or remarks that demean an individual based on a protected characteristic. Examples include offensive jokes, slurs or repeatedly making inappropriate or belittling remarks. Even seemingly minor comments can contribute to an abusive environment when they occur repeatedly or create significant discomfort for the employee.

Physical Harassment

Physical harassment involves unwanted or inappropriate physical contact. This includes actions such as assault, grabbing, shoving or any form of physical intimidation. Certain instances of physical harassment, such as assault, may also constitute criminal acts and lead to further legal consequences beyond workplace claims.

Non-Verbal Harassment

Non-verbal behaviors can also qualify as workplace harassment. This category includes inappropriate gestures, suggestive looks, displaying offensive materials or disseminating harmful content electronically. Acts such as sending explicit images or constantly engaging in intimidating body language contribute to a hostile work environment and are prohibited under relevant laws.

Taking Action Against Harassment

Workplace harassment can have far-reaching impacts on employees, including emotional distress, career setbacks, and diminished productivity. Organizations must address claims promptly to protect their workforce and remain in compliance with state and federal regulations. Employees who believe they may have been subjected to harassment should document specific incidents whenever possible, which can be critical for building a strong case.

At Minnis & Smallets LLP, experienced employment attorneys are dedicated to protecting employees’ rights in the workplace. Whether someone has faced harassment, discrimination or wrongful termination, our firm provides skilled representation tailored to individual needs. Employees seeking guidance and advocacy can contact our office for a consultation.