Although sexual harassment has deservedly received much press attention, that’s just the beginning of illegal harassment an employee may endure. An employer faces possible liability for the illegal treatment of a wide range of people for many reasons as a breach of contract lawyer can share. Depending on the circumstances, any harassment lawsuit has the potential to cost an employer a lot of money, time, and energy, along with damage to its brand and reputation.
Harassment complaints may go to a government agency for investigation and then result in a lawsuit. Depending on the circumstances, the aggrieved party may just file a complaint in state or federal court. Given the law used and the evidence in the case, if an employer is found liable, they may be ordered to pay the plaintiff for the following:
- Pain, suffering, and emotional anguish
- Lost pay and benefits
- Punitive damages
- Attorney’s fees and legal costs
These cases, like most civil actions, settle before being resolved at a trial.
What Laws Cover Workplace Harassment?
Any state or federal statute, or local ordinance, that protects employees in some way may have a provision against harassment. The harassment could be an end unto itself or a form of retaliation for something an employee did or is believed to have done.
What Is Harassment?
Harassment is unwelcome words and conduct based on a protected class or activity. Federal employment anti-discrimination laws have generally been interpreted as prohibiting harassment that includes the following according to our friends at Focus Law LA:
- Enduring offensive conduct that becomes a condition of continued employment or
- The conduct is pervasive or severe enough to result in a work environment a reasonable person would consider intimidating, hostile, or abusive
Offensive conduct may be the following:
- Offensive jokes
- Slurs
- Name-calling
- Ridicule or mockery
- Insults or put-downs
- Public embarrassment or humiliation
- Offensive objects, images, or pictures
- Interference with work performance
- Inappropriate emails, phone calls, and text messages
Harassment could also be physical assaults, threats, and intimidation. Anyone committing these acts also risks criminal charges being brought against them. Sexual harassment could also include unwanted sexual touching, promises of preferential treatment if sexual advances are accepted, or punishment if they are not. Sexual harassment can involve people of the same or opposite sexes.
Illegal harassment is not:
- Petty slights
- Annoyances, or
- Isolated incidents (unless they’re severe)
Illegal harassment is only limited by the harasser’s imagination and ability to avoid accountability for their words and actions.
What Protected Classes And Activities Are Involved?
Illegal employee harassment could be based on some of the following protected classes:
- Race
- Color
- Religion
- Sex (including sexual orientation, gender identity, or pregnancy)
- National origin
- Age (beginning at age 40)
- Disability or genetic information (including family medical history)
This harassment could be by a supervisor, member of management, co-worker, or customer. Illegal, retaliatory harassment could involve employees who engaged in the following protected acts:
- Complained of illegal discrimination or participated in the investigation or litigation of it
- Requested a family medical leave, an accommodation to a disability, unemployment compensation, or workers’ compensation benefits
- Engaged in collective action concerning workers’ terms and conditions of employment, including union organizing
- Engaged in whistleblowing activities, such as reporting internally or to a government agency alleged employer wrongdoing, illegal and unethical actions
Depending on who’s involved, an employer’s response to a complaint of harassment may provide it with effective defenses or reduce a damages award. This is a complex area of law that must be handled appropriately to limit an employer’s legal exposure. Discuss with your attorney the policies, practices, and procedures you should enact to limit the chances of illegal harassment in the workplace and what to do about it if it’s reported.
