Cecily Zamora
Harassment is a form of discrimination that violates civil rights legislation, including the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967. It is defined as behaviour that bothers, threatens, intimidates, alarms, or places people in fear for their safety. While state laws define criminal harassment, it often involves threatening or offensive behaviour that creates a hostile environment. This can include physical assault, offensive language, or even stalking and cyberstalking. In the context of obeying the law, harassment as a means of coercion is itself illegal and can result in criminal charges, civil lawsuits, or restraining orders. Therefore, the use of harassment to enforce obedience with the law would be counterproductive and unlawful.
| Characteristics | Values |
|---|---|
| Definition of Harassment | Unwelcome, uninvited behaviour that degrades, threatens, or offends the victim, creating a hostile environment |
| Protected Characteristics | National origin, ethnicity, religion, gender, sexual orientation, age, or disability |
| Examples of Harassing Behaviour | Epithet, derogatory comments or slurs, lewd propositions, assault, physical interference with normal work or movement, offensive touching, visual insults |
| Visual Harassment | Display of sexually explicit blurbs or photographs |
| Workplace Harassment | Discrimination in the workplace based on race, gender, national origin, and religion |
| Restraining Orders | A court order that can protect someone from harassment or abuse by ordering the harasser to stay away and have no contact with the victim |
| Cyberstalking | Stalking using electronic communications, including email, social media, or other online platforms |
| State Laws on Harassment | Vary across states, with different definitions and penalties for criminal harassment; some states include electronic communications in their harassment laws |
| Penalties for Harassment | Vary depending on the state and the severity of the offence, ranging from fines to jail time |
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What You'll Learn
What constitutes legal harassment
The definition of legal harassment varies according to state law and the context in which it occurs. In general, harassment is defined as behaviour that bothers, threatens, intimidates, alarms, or places people in fear for their safety. It is unwanted, uninvited, and unwelcome conduct that causes nuisance, alarm, or substantial emotional distress without any legitimate purpose.
Harassment can occur in various forms, including words, actions, gestures, demands, or visual displays. It can be committed by a supervisor, a co-worker, or even a non-employee in the context of employment law. Offensive conduct may include offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule, mockery, insults, offensive objects or pictures, and interference with work performance. Visual harassment, which is more subjective and difficult to identify, can involve the display of sexually explicit photographs or wearing clothing with a hostile or unpleasant tone.
Harassment becomes unlawful when it is based on protected characteristics, such as race, colour, religion, sex, national origin, age, or disability. It is also unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe or pervasive enough to create an intimidating, hostile, or abusive work environment. In the case of employment law, employers are encouraged to establish an effective complaint process, provide anti-harassment training, and take immediate action to prevent and correct unlawful harassment.
In terms of criminal harassment, factors such as the defendant's malice, monotonous actions, and credible threats to the victim's safety are considered. Past crimes, violations of restraining orders, and targeting victims based on protected characteristics are also taken into account.
To pursue legal action for harassment, it is important to consult with a lawyer and understand the specific laws and definitions applicable to the relevant state or context.
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Protected groups and harassment
Harassment is defined as behaviour patterns that bother, threaten, intimidate, or place people in fear for their safety. It is unwelcome, uninvited behaviour that degrades, threatens, or offends the victim, creating a hostile environment. Harassment can take many forms, including verbal or written, epithets, derogatory comments or slurs, lewd propositions, assault, physical interference, impeding movement, offensive touching, and visual insults.
In the United States, federal anti-discrimination laws protect certain characteristics, including race, colour, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age, disability, family medical history, status as a parent, marital status, political affiliation, and veteran status. State laws may also provide additional protections, such as protection against discrimination based on marital status or veteran status.
In Canada, the federal Canadian Human Rights Act and provincial human rights codes list "prohibited grounds of discrimination" in employment and housing, which include similar characteristics to those protected in the US.
At the state level in the US, Michigan, for example, has laws prohibiting discrimination based on race, colour, national origin, religion, sex, age, disability, and veteran status.
Harassment becomes unlawful when it is based on these protected characteristics. For example, when someone is harassed because of their race, religion, sex, or other protected characteristic, this is considered unlawful discrimination. Profiling, or targeting victims based on their membership in a protected group, is also taken into account by courts when considering harassment charges.
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Harassment in the workplace
Federal and state laws in the US protect employees from unfair and unwelcome treatment at work, including harassment. The Equal Employment Opportunity Commission (EEOC) enforces these laws, ensuring that employees are not discriminated against based on their race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information.
Harassment is defined as unwelcome conduct that creates an intimidating, hostile, or offensive work environment for employees. This can include various behaviours such as offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule, insults, offensive images or pictures, and interference with work performance.
To prevent and address harassment, employers should take proactive steps such as establishing clear anti-harassment policies, providing anti-harassment training to managers and employees, and creating a complaint process that employees feel comfortable using. Employers are automatically liable for harassment by supervisors that result in negative employment actions, such as termination or failure to promote.
If an employee experiences harassment, they can follow these steps:
- Inform the harasser directly that the conduct is unwelcome and must stop.
- Report the harassment to management or HR at an early stage to prevent escalation.
- If the issue is not resolved internally, the employee can file a report with the EEOC and seek legal aid or a lawyer to pursue further legal action.
It is important to note that anti-discrimination laws also prohibit retaliation against employees who report harassment or participate in investigations.
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Street harassment
According to a study, almost 90% of women have experienced verbal or physical harassment in public at least once in their lives. In Afghanistan, the prevalence of street harassment was found to be even higher, at 93%. Studies from Canada and Egypt also show that approximately 85% of women have experienced street harassment in the past year. In the United States, 41% of women reported experiencing stranger harassment on a monthly basis, while 31% experienced it every few days.
The impact of street harassment can be significant, leading to financial consequences and limiting access to opportunities and communities. Many victims of street harassment may feel unsafe walking home, going out after dark, or using public transportation alone. As a result, they may be forced to spend money on private transportation, such as ride-sharing apps. For those who cannot afford these options, the fear of street harassment can severely restrict their movements and access to employment and education.
It is important to remember that street harassment is never acceptable, and everyone deserves to feel safe in public spaces. There are resources available to help victims of street harassment, such as reporting the incident to the police or seeking support from non-profit organizations like Stop Street Harassment. Additionally, victims can take proactive measures to ensure their safety, such as going to a nearby business or public place where they can seek assistance if they feel threatened.
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Restraining orders
The specific process for obtaining a restraining order can vary depending on the jurisdiction, but there are some general steps that are common across different legal systems. Firstly, it's important to identify the type of restraining order that is required, as there are different types available, each with its own specific requirements and protections. For example, in North Carolina, there are three main types of restraining orders: the Civil No-Contact Order (50C), the Domestic Violence Protective Order (50B), and the Domestic Violence Protective Order (50B). The eligibility for each type of restraining order depends on the relationship between the victim and the aggressor. For instance, a 50B Domestic Violence Protective Order requires a personal relationship between the victim and the aggressor, whereas a 50C order is applicable when there is no personal relationship, and the victim is experiencing stalking or harassment by someone they do not know.
Once the appropriate type of restraining order has been identified, the individual seeking protection will need to file a petition or complaint with the court. This typically involves completing and submitting the necessary legal documents, which may include a formal request for the restraining order, as well as any supporting evidence or testimony. In some cases, such as when there is an immediate threat to safety, the court may issue a temporary restraining order, also known as an ex parte order, which remains in effect until a full hearing can be held. During the hearing, the court will consider the evidence and testimony presented by the petitioner and decide whether to grant a permanent restraining order, which is typically valid for one year and can be renewed if necessary.
It is important to note that violating a restraining order can result in legal consequences, including criminal charges and penalties. Restraining orders are a serious legal matter, and seeking legal advice or assistance from an attorney or legal aid organization can be helpful in navigating the process and ensuring one's rights and safety are protected.
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Frequently asked questions
Harassment is defined by state laws and varies across states. It is generally defined as behaviour patterns that bother, threaten, intimidate, alarm, or place people in fear of their safety. This includes behaviour that is unwelcome, uninvited, and creates a hostile environment.
Harassment can take many forms, including but not limited to: epithets, derogatory comments or slurs, lewd propositions, assault, physical interference with normal work or movement, offensive touching, and visual insults like derogatory posters or cartoons. Visual harassment can also include wearing clothing with a hostile or unpleasant message or displaying sexually explicit content.
If you are being harassed, you can report it to the authorities, such as the police or a court. You may also seek a restraining order to protect yourself from further harassment. In the case of workplace harassment, you can inform the harasser that their conduct is unwelcome and must stop, and report it to management or HR.
