Call Us Now
Email Us Now
Recognizing the Most Common Forms of Harassment and When They Contribute to a Hostile Work Environment
Going to work should be an opportunity to positively engage with other coworkers, build morale, and feel like you’re making a difference. But when the work environment is toxic and includes discriminatory and harassing behaviors, it can turn every day into a nightmare. The U.S. Equal Employment Opportunity Commission defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).” Understanding the most common ways workplace harassment occurs can ensure you recognize these behaviors when they happen and can hold your employer accountable.
1. Racial Harassment
Unfortunately, race-based harassment is still common in workplaces across California and the rest of the country, and racial harassment can include any offensive or discriminatory behaviors that are based on an employee’s race, color, ethnicity, or national origin. Common examples of this type of harassment include using slurs or stereotypes, often disguised as jokes or “locker room talk.” It can also include the display of offensive symbols or images. Common examples may include the display of the Confederate flag or a swastika. If an employee is treated less favorably and/or excluded from workplace activities based on their race or color, this could also be unlawful harassing behavior.
2. Religious Harassment
Religion is also a legally protected category when it comes to workplace harassment and discrimination. Religious discrimination and harassment singles out employees based on their religious beliefs and may be centered around visible religious practices, such as clothing or prayer habits. Being forced to participate in another’s religious practices, such as daily prayer meetings before work, may also qualify. In some cases, religious harassment may be centered around denying reasonable accommodations for an employee’s practices, such as time off for religious holidays. It’s important to note that religious harassment can apply to all religions, which means it can look very different on a case-by-case basis. If you’re not sure if what you’re experiencing could meet the definition of workplace harassment or a hostile work environment, an attorney can evaluate your case.
3. Sexual Harassment
Sexual harassment is perhaps the most widely recognized form of workplace harassment. Typical behaviors include unwelcome touching, comments or sexual advances (known as hostile work environment) or even requests for sexual favors in exchange for work benefits, such as a promotion, better treatment or more vacation time (known as “quid pro quo” sexual harassment). While sexual harassment can include sexual assault or even rape, physical contact and/or sexual desire isn’t required for it to qualify. It can also include verbal or visual behavior, such as making inappropriate comments or sending unwanted explicit images or messages through email.
Sexual harassment can also include gender-based inappropriate behaviors and harassment of or discrimination against a pregnant employee. For example, a woman in a male-dominated field may face sexual harassment from comments about not being smart or strong enough to do the work due to her sex. A pregnant woman who has her workload lowered because her boss thinks she is “too hormonal” to handle specific clients may also be facing discrimination and harassment.
4. Age-Based Harassment
Age-based harassment happens when an employee experiences unfair treatment or comments designed to make them feel bad about their age. This could include being passed over for promotions or professional development opportunities or being pressured to resign or retire at a certain age. In California, age-based harassment generally only applies to those who are over the age of 40. Age-based harassment, in particular, can be subtle, and the line between good-natured kidding and a hostile work environment can be blurred. An attorney can help you determine if you are experiencing workplace harassment related to your age by looking at how you are treated compared to younger coworkers and looking at cumulative records of inappropriate or uncomfortable statements and behaviors.
5. Disability Harassment
While it’s last on this list, discriminatory harassment based on a person’s disability is sadly one of the most common types of harassment our legal team sees. Disability discrimination laws in California and at the federal level protect employees from unfair or inappropriate practices related to a physical or mental disability. This may include mocking or making fun of someone with a disability or using slurs, but it can also be denying someone an assistive tool or reasonable accommodations. Disability discrimination and harassment can make you feel like you’re being treated as less than other employees, and it’s essential to understand that you have legal recourse against those who are creating a hostile work environment.
When Inappropriate Behavior Crosses the Line Into a Hostile Work Environment
One of the qualifiers for behavior to be considered workplace harassment is that it has to be severe or pervasive or become a condition of employment. In simple terms, this means that a passing comment by one coworker who was having a bad day isn’t likely to rise to the standard of workplace harassment. However, when the comments happen from multiple people or are a consistent part of the workplace, it can create a work environment that’s considered hostile, intimidating, or abusive. Another key misconception is that harassment can only come from someone who is in a supervisory position over you. In truth, harassment can come from anyone in the workplace, including those you supervise or employees in other departments.
There can be serious consequences for employers who fail to address workplace harassment after it’s been reported. An employer could end up owing you back pay and may be forced to reinstate your position if you were wrongfully terminated. Depending on the situation, you could also be awarded compensatory damages for emotional distress. If you dread going to work every day because of harassing and discriminatory comments and behaviors from other employees, call the team at Odell Law, PLC, at 949-771-8173.
