How employees feel at work impacts a company’s overall performance. Employers should be sensitive to general employee health and safety at work not just because it will affect the business’s bottom line, but because people are valuable.
Unfortunately, a few companies with the best salary or benefit packages also have employees or higher-ups within the organization who abuse their power by exercising different means of harassment.
Sadly, employees, especially rank-and-file or newly hired ones, often would not dare to report any untoward incident initiated by a superior or a senior at work. Aside from the fear of judgment or losing their jobs, many also suffer in silence simply because they don’t know their rights.
Types of harassments in the workplace
Harassment at work may lead to poor performance, emotional, psychological, or physical trauma, depending on the kind of abuse received by an employee. Learn the types of harassment at work that have legal consequences and what you can do if you are a victim of harassment in the workplace.
Sexual Harassment
State and federal laws deem sexual harassment and sex discrimination illegal. While the definition is plain and simple, the main challenge lies in verifying reported incidents.
The responsibility to educate employees on what classifies as sexual harassment falls on the company’s human resources department. The company’s HR department must also discuss policies implemented to address sexual harassment on the job. Sexual advances or favors, or unwelcome lewd gestures must be taken note of so that a detailed account can be included in the case report.
There are two legal violations involving sexual harassment and discrimination—a hostile workplace and quid pro quo.
• Hostile Workplace Harassment
Conduct and demeanor of sexual nature that prevents an employee from doing their job effectively are illegal. Sexual harassment not only disrupts workflow but, most appallingly, also the victim’s psyche. Being threatened by predators lurking in the same space all day can wreak havoc on one’s mental health.
The most important provision on the definition of hostile workplace harassment is that the section covers other employees whose jobs are disrupted, even if they are not directly involved in the specific sexual harassment incident in question.
• Quid Pro Quo Harassment
The unwanted offers by the sexual offender, such as pay hikes, benefits, perks, or promotions, to a victim in exchange for favors fall under the quid pro quo sexual harassment category.
• A limit exists
Unfortunately, infrequent or random remarks tainted with sexual innuendos or of a sexual nature would sometimes not be considered sexual harassment under the law, even if they were highly offensive or explicit. This is because proving the harassment would be harder unless extremely well-documented.
Other types of harassment at work
Proving that employers or bosses were treating workers poorly outside the categories of race, sex, age, or gender may be a bit more challenging. This is because there are no laws set in stone on “general harassment,” which refers to employers maltreating their employees. However, there is Discriminatory Harassment that may find offenders guilty of discrimination.
● Racial Harassment
This is harassment because of an employee’s race, skin color, ancestry, origin country, or citizenship, including perceived attributes of a particular ethnicity (e.g., hair, accent, customs, beliefs, or clothing).
● Religious Harassment
This type is related to racial harassment but is specific to the victim’s religious beliefs, which may be a religion that is not the norm within the company.
● Age-Based Harassment
Employees over 40 years old are protected by the Civil Rights Act of 1964, which encourages employment for older people and reduces age-based harassment.
● Gender Discrimination and Sexual Orientation-Based Harassment
The most common forms of gender-based discrimination include discriminating against women and sexual minorities. Some federal laws that deal with gender discrimination at work include The Equal Pay Act that ensures employers pay women fair wages and The Pregnancy Discrimination Act for pregnant employees.
Sexual Orientation-Based Harassment is also starting to gain traction as a legitimate concern in the workplace. Victims are harassed because of their sexual orientation, which may be different from those around them. Heterosexuals and members of the LGBTQ community may all experience this.
What to do if you are a victim of harassment in the workplace
Employees harassed in ways that do not fall under sexual, gender, age, or racial harassment may take a stress leave or a sick leave. Filing a workers’ compensation or disability claim is an option since suing is not legally plausible.
When dealing with sexual, gender, or racial harassment, the best chance to win your case is by creating verifiable documentation of the harassment. If you have emails, work memos, texts, and personal messages on socials, as well as photos, provide them. The more verifiable evidence you have, the better chances you have at court.
Legal help is key
Handling any form of harassment at work is never easy, especially if you deal with it alone.
Knowing your rights as an employee will equip you with the confidence to stand up for yourself. Federal and state laws are there to give you protection, which you can use to your full advantage with excellent legal representation.
Pick legal representatives who will work on your case with significant experience and expertise in labor laws, as well as a proven track record for winning lawsuits.
About The Author
Michelle Joe
Michelle Joe is a blogger by choice. She loves to discover the world around her. She likes to share her discoveries, experiences, and express herself through her blogs. You can find her on twitter
