Kara Sears
Harassment is a serious issue that can have legal consequences. The definition of harassment varies depending on the specific laws of a location, but it generally refers to unwelcome and offensive behaviour that is severe or pervasive. In the United States, harassment is considered a form of employment discrimination, violating civil rights and disability acts. Employers are responsible for preventing and addressing harassment in the workplace, and victims can take legal action through restraining orders or discrimination lawsuits. Harassment can also occur outside of work, including stalking, sexual violence, and defamation. The legal response to harassment depends on the context, ranging from criminal penalties to civil lawsuits. Understanding what constitutes harassment under the law is essential for protecting individuals' rights and ensuring their safety in various contexts, including the workplace and public spaces.
| Characteristics | Values |
|---|---|
| Nature of conduct | Sexual violence, sexual exploitation of a minor, luring a minor for sexual exploitation, defamation against an employer, unlawful picketing, unlawful mass assembly, etc. |
| Context | Workplace, public place, school, etc. |
| Severity | Severe or pervasive |
| Number of incidents | One or more acts |
| Intent | Willful and malicious |
| Targeted individual | Yes |
| Continuous purpose | Yes |
| Legitimate purpose | No |
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What You'll Learn
Workplace harassment
Harassment in the workplace can manifest in various ways, including offensive jokes, slurs, name-calling, physical assaults or threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance. It is important to note that petty slights, annoyances, and isolated incidents may not always rise to the level of illegality. However, when such behaviours become frequent and severe, they can create an intimidating or hostile work environment, which is unlawful.
Employers play a crucial role in preventing and addressing workplace harassment. They are encouraged to establish clear anti-harassment policies, provide training to managers and employees, and create a safe environment for employees to raise concerns without fear of retaliation. Employers are automatically liable for harassment by supervisors that result in negative employment actions, such as termination, failure to promote, or loss of wages.
Employees who experience workplace harassment are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. They should also report the harassment to management at an early stage to prevent escalation. If the employer fails to take prompt and appropriate corrective action, they may be held liable for the harassment, especially if it results in a hostile work environment or adverse employment decisions.
In the United States, employees have legal recourse options through the Equal Employment Opportunity Commission (EEOC). Federal employees must contact an EEO counsellor within 45 days, while other employees typically have 180 days to file a charge. It is important to note that time limits and specific procedures may vary depending on state laws and the nature of the harassment.
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Sexual harassment
In the United States, the Equal Employment Opportunity Commission (EEOC) provides guidance on sexual harassment laws and rights in the workplace. Sexual harassment in the workplace can occur in various scenarios, such as after-hours conversations, exchanges in hallways, and non-office settings involving employees or peers. It can be perpetrated by anyone, including managers, supervisors, coworkers, teachers, or colleagues. Employers are encouraged to take proactive measures to prevent and address sexual harassment. This includes establishing effective complaint procedures, providing anti-harassment training, and taking prompt corrective action when harassment occurs.
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Stalking
Federal stalking laws are covered under Title 18 U.S. Code § 2261A, which is part of the Violence Against Women Act (VAWA) of 1996. This law makes it a federal crime to cross state lines with the intent to harm or harass another person. It imposes stricter penalties and expands the definition of "stalking" to include electronic communications. Under this law, a person is guilty of stalking when they travel across state lines or into federal jurisdiction with the intent to kill, injure, harass, intimidate, or place another person in fear of death or physical injury. Federal stalking is a felony and carries penalties of up to five years in prison and a fine of up to $250,000.
If you believe you are being stalked, it is important to report the behaviour to the police and seek a protective order. Keep a record of all incidents, including documentation of any correspondence, phone calls, text messages, and telephone conversations. It is also helpful to gather contact information from any witnesses. Victims of stalking may also change their daily routines, such as their commute or travel routes, and may feel isolated, anxious, or stressed.
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Civil harassment
In the state of New York, harassment in the first degree is a class B misdemeanour, defined as "when he or she intentionally and repeatedly harasses another person by following such a person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such a person in reasonable fear of physical injury."
In the context of employment law, harassment is a form of employment discrimination that violates several acts, including the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Harassment in this context is defined as offensive, unwelcome conduct based on a victim's protected characteristics, and it must be severe or pervasive to be considered illegal.
To obtain a civil harassment restraining order, one must typically complete a set of court forms detailing the harassment experienced. This process can be facilitated through the court's Self-Help Centers, and the entire process can last a few weeks to a few months, depending on the complexity of the case. It is important to note that civil restraining orders may coexist with criminal protective orders, and in the event of conflicting instructions, the criminal protective order takes precedence.
In summary, civil harassment refers to unwanted and harmful behaviour that causes emotional distress or fear of physical harm. It is distinct from domestic violence or family-related harassment, and individuals can seek protection through civil harassment restraining orders, which can include preventing personal conduct by the harasser and ordering them to stay away from specified locations.
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Severity and pervasiveness
Whether or not harassment is considered severe and pervasive enough to be deemed illegal is determined on a case-by-case basis. The EEOC investigates allegations of harassment by examining the entire record, including the nature of the conduct and the context in which the alleged incidents occurred.
The terms "severe" and "pervasive" have specific meanings in the context of workplace harassment. "Severe" refers to the intensity of the behaviour. Even a single incident may qualify as severe if it involves physical harm, threats, or deeply offensive language. For example, a single act of physical assault or an explicit racial slur can be considered severe enough to constitute harassment.
"Pervasive" refers to frequent or persistent behaviour. This could include ongoing belittlement or offensive remarks directed at an employee, creating a pervasive environment of hostility. A team member frequently using belittling language toward a colleague in meetings, for instance, can undermine their confidence and status over time. Pervasive behaviour can also involve a group of employees repeatedly excluding a coworker from key meetings while making derogatory remarks about their ethnicity.
The impact on the work environment is also a factor. Harassment can be considered severe or pervasive if it interferes with an employee's ability to perform their job or feel safe at work. This includes unwelcome conduct that is based on race, colour, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information.
Additionally, context and power dynamics should be considered. Harassment may be compounded by power imbalances, such as between a supervisor and an employee. In such cases, the employer is automatically liable for harassment by a supervisor that results in negative employment actions such as termination, failure to promote or hire, and loss of wages.
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Frequently asked questions
Harassment is defined as unwelcome conduct that is offensive and based on a victim's protected characteristics. This can include sexual harassment, stalking, and workplace harassment.
Workplace harassment can be sexual or non-sexual in nature. Quid pro quo sexual harassment occurs when a supervisor demands sexual favors in exchange for a workplace benefit. Non-sexual harassment in the workplace involves conduct that creates a hostile work environment.
Employers are encouraged to take steps to prevent and correct unlawful harassment. This includes establishing an effective complaint process, providing anti-harassment training, and taking immediate action when an employee complains. Employees should also be encouraged to inform the harasser that the conduct is unwelcome and must be stopped.
