Anaya Nolan
Harassment is a form of discrimination that violates several laws, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1960, and the Equality Act 2010. It is defined as unwelcome conduct based on race, colour, religion, sex, national origin, age, disability, or genetic information. Harassment can occur in various forms, including physical or verbal abuse, offensive jokes, slurs, or name-calling, and can be perpetrated by supervisors or colleagues in the workplace, resulting in negative employment actions such as termination or failure to promote. Victims of harassment have legal options, including filing a complaint with the Equal Employment Opportunity Commission (EEOC), seeking legal aid or a lawyer, and filing a lawsuit against the employer. In addition, employers can be held liable for harassment and are encouraged to take preventive and corrective measures to create a safe work environment. Civil and criminal remedies are available for victims, including restraining orders and injunctions, with varying definitions of criminal harassment across states.
| Characteristics | Values |
|---|---|
| Nature of conduct | Offensive jokes, slurs, epithets, name-calling, physical assaults, threats, intimidation, ridicule, mockery, insults, put-downs, offensive objects or pictures, interference with work performance, sexual advances, etc. |
| Type of conduct | Verbal, physical, via email, phone, or in person |
| Victim | The person who experiences the offensive conduct; does not have to be the person directly harassed |
| Harasser | Supervisor, non-supervisory employee, non-employee (e.g., independent contractors or customers), colleague, landlord, housemate, etc. |
| Responsibility | The organization or employer may also be responsible for the harassment |
| Jurisdiction | United States, United Kingdom |
| Legal options | File a complaint or lawsuit, report to the police, restraining order, injunction, civil suit, criminal suit, anti-discrimination laws, Equality Act 2010, Fair Housing Act, state and local laws |
| Preventive measures | Effective complaint process, anti-harassment training, immediate corrective action, clear communication of zero tolerance, etc. |
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What You'll Learn
Laws protecting against workplace discrimination
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Workplace harassment is defined as unwelcome conduct based on a person's race, colour, religion, sex, national origin, older age, disability, or genetic information. Harassment becomes 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 offensive work environment.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that protect individuals from discrimination, harassment, and retaliation at work. The EEOC defines harassment as any conduct that creates an intimidating, hostile, or offensive work environment. This includes offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule, mockery, insults, put-downs, offensive objects or pictures, and interference with work performance. The EEOC also protects individuals from retaliation for filing a discrimination charge, testifying, or participating in an investigation or lawsuit related to discrimination or harassment.
The Civil Rights Act of 1991 made significant changes to federal laws against employment discrimination enforced by the EEOC. This Act authorises compensatory and punitive damages in cases of intentional discrimination and provides for obtaining attorneys' fees and the possibility of jury trials. Additionally, the Pregnancy Discrimination Act (PDA) amended Title VII to make it illegal for employers to discriminate based on pregnancy, childbirth, or related medical conditions.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age against employees who are at least 40 years old. The ADEA applies to private employers with at least 20 employees, the federal government, interstate agencies, employment agencies, and labour unions. The ADEA also prohibits employers from retaliating against employees for asserting their rights under the Act.
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against individuals with disabilities in any aspect of employment, including applications, interviews, testing, hiring, job assignments, evaluations, compensation, leave, benefits, discipline, training, promotions, medical exams, layoffs, and firing. The ADA applies to private employers with at least 15 employees, local governments and their agencies, employment agencies, and labour unions.
It is important to note that employees who experience workplace harassment or discrimination are protected by law and can take legal action. Employers are encouraged to take proactive steps to prevent and correct unlawful harassment by establishing effective complaint processes, providing anti-harassment training, and creating a safe environment for employees to raise concerns.
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Criminal liability and civil suits
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). It is defined as unwelcome conduct based on race, colour, religion, sex, sexual orientation, transgender status, national origin, older age, disability, or genetic information. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe and pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
In the case of workplace harassment, 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. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability by proving that they took reasonable steps to prevent and correct the behaviour, and that the employee failed to take advantage of these opportunities. Employers are encouraged to establish an effective complaint process, provide anti-harassment training, and take immediate action on complaints. Employees should feel empowered to inform the harasser that the conduct is unwelcome and must stop.
If an employer fails to address unlawful harassment, the victim can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state agency. The EEOC will investigate and determine whether to sue the employer in federal court. If the EEOC declines to sue, the victim has 90 days to bring their own lawsuit. Monetary compensation may include back pay, lost benefits, and punitive damages.
Harassment can also occur outside of the workplace, such as through neighbours or strangers. In these cases, civil suits can be pursued through small claims court, resulting in restraining orders or financial compensation. Criminal charges may also apply, particularly if the harassment involves physical contact, unsolicited threats, intimidation, or significant emotional distress. Criminal charges can result in a criminal record, which can have serious negative consequences.
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Injunctions and restraining orders
To obtain an injunction, a petition must be filed with the court, which a judge will review and rule on the same day. The defendant must have committed acts of harassment in the last year, which can include a series of acts over any period that would cause a reasonable person to be seriously alarmed, annoyed, or harassed, and which serves no legitimate purpose.
A restraining order is a type of injunction, served by a U.S. Marshal or a law enforcement officer, that prohibits a party from performing or ordering a specified act, either temporarily or permanently. A restraining order can be issued to protect an individual's safety or to preserve the availability of property.
In the context of harassment, a restraining order can be sought against a person who is not a family or household member. This could include a neighbour, co-worker, or schoolmate. A restraining order may be issued as an initial step, followed by an injunction against harassment.
It is important to note that not all petitions for injunctions or restraining orders are granted, and there may be a requirement for a court hearing with the person against whom protection is sought. Additionally, the enforcement of restraining orders may vary across states and jurisdictions.
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Anti-discrimination laws
In the United States, the Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in the workplace. Harassment is recognised as a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. Unlawful harassment is defined as unwelcome conduct based on protected characteristics, such as race, religion, sex, national origin, age, or disability. To be considered illegal, the conduct must create an intimidating, hostile, or offensive work environment for reasonable people. Employers are encouraged to take proactive measures, such as establishing effective complaint processes and providing anti-harassment training, to prevent and address harassment. They can be held liable for harassment by supervisors, especially if it results in negative employment actions like termination or failure to promote.
Similarly, in Australia, federal anti-discrimination laws are enforced by the Australian Human Rights Commission. The Commission handles complaints of unlawful discrimination based on attributes such as age, disability, race, sex, intersex status, gender identity, and sexual orientation. Organisations and businesses are expected to comply with the Sex Discrimination Act 1984 and meet their positive duty to foster a discrimination-free environment. The Commission provides resources, guidelines, and eLearning courses to help organisations understand their legal obligations and promote compliance with anti-discrimination laws.
Individuals who experience harassment or discrimination have legal recourse. They can file a complaint or report with the relevant authority, such as the EEOC or the Australian Human Rights Commission. In the case of retaliation for reporting harassment, individuals have the right to file a lawsuit against their employer. It is important for individuals to know their rights and seek legal aid or advice if they believe they have been subjected to unlawful discrimination or harassment.
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Reporting harassment to the police
If you are experiencing an emergency, are in immediate danger, or an incident of harassment is in progress, call 911 immediately. Provide the operator with your exact location and describe what is happening. The operator will ensure you are safe and may stay on the line until help arrives.
If the incident has ended, you can report the harassment in person at your local police or sheriff's department. Bring any evidence of the harassment, such as letters, gifts, photos, or screenshots of texts. Ask for a copy of the written police report and carefully review it for accuracy. If there are any mistakes or important omissions, notify an officer immediately so the report can be corrected.
In some states, you must report the harassment to the police before taking other actions, such as obtaining a restraining order or suing the harasser in civil court. If the harassment continues, contact the officer who took your initial report and have the report updated to reflect new information. You can also follow up with a detective or prosecutor as needed.
If the prosecutor decides to press charges, they will likely want to discuss the information you provided in your police report. You may be asked to testify in court, but it is important to know that you are not required to do so, regardless of what the prosecutor may say. If you need protection or have specific requests, such as testifying outside the presence of the harasser, be sure to communicate this to the prosecutor.
Additionally, keep in mind that harassment can occur in various contexts, including the workplace. In such cases, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) and learn about your legal options. Anti-discrimination laws prohibit retaliation against individuals who report harassment or participate in investigations.
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Frequently asked questions
Harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. It is defined as offensive, unwelcome conduct based on a victim's protected characteristics, including race, colour, religion, sex, national origin, older age, disability, or genetic information. Harassment may come in the form of words, actions, gestures, demands, or visual displays.
If you are facing harassment, you can consult an attorney experienced in discrimination law for legal help. You can also file a restraining order, especially in situations involving domestic violence. In the case of workplace harassment, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) and then learn how to get legal aid or find a lawyer.
A person guilty of harassment may face both civil and criminal liability. Civil cases are very common, and in the US, Title VII of the Civil Rights Act of 1964 protects employees from discrimination in the workplace. In criminal cases, state laws determine what constitutes criminal harassment, and the police can charge the harasser with criminal harassment.
