If you're wondering, "Is workplace harassment illegal?" the short answer is yes. Workplace harassment is illegal under both federal and state laws in the U.S. Harassment that creates a hostile or unsafe work environment is prohibited, and employees are protected by various laws depending on the nature of the harassment and where they work.
When Does Workplace Harassment Become Illegal?
Workplace harassment becomes illegal when it meets the criteria set by Title VII of the Civil Rights Act of 1964, which prohibits harassment based on characteristics such as race, gender, religion, sexual orientation, age, or disability. Specifically, harassment becomes unlawful if it:
- Is a condition of continued employment: This happens when an employee is forced to endure harassment (e.g., sexual favors in exchange for promotion) or is punished for rejecting it.
- Creates a hostile work environment: Harassment must be severe or pervasive enough that a reasonable person would find it threatening, intimidating, or offensive.
- Leads to tangible employment consequences: If harassment by a supervisor or coworker leads to significant changes in employment status (e.g., demotions or terminations), the employer can be held liable.
Types of Illegal Workplace Harassment
While workplace harassment is illegal, it comes in many forms. Some of the most common types of illegal harassment include:
1. Discriminatory Harassment
Discriminatory harassment occurs when an employee is harassed due to their membership in a protected class (e.g., race, gender, religion, age, disability, or sexual orientation). This includes being treated unfairly in hiring, firing, promotions, and other employment decisions.
2. Hostile Work Environment Harassment
This type of harassment involves unwelcome conduct that creates an intimidating or offensive work environment. It includes actions such as:
- Offensive jokes or comments
- Physical intimidation or bullying
- Degrading remarks based on protected class status
Even seemingly small actions, if frequent or severe enough, can create a hostile work environment.
3. Sexual Harassment
Sexual harassment includes behaviors like:
- Unwanted sexual advances
- Inappropriate touching or comments
- Quid pro quo harassment, where employees are offered benefits in exchange for sexual favors
Sexual harassment also includes behaviors that create an intimidating or uncomfortable environment for the victim.
4. Physical Harassment
Harassment that involves physical violence or threats of harm is illegal. This includes:
- Threatening physical violence
- Attacking or injuring someone because of their protected class status
- Destroying personal property out of retaliation or discrimination
5. Retaliation
Retaliation occurs when an employer punishes an employee for reporting harassment or participating in an investigation. If an employee files a harassment complaint and is later fired, demoted, or discriminated against in any way, that action may constitute illegal retaliation.
How to Determine If Harassment Is Illegal
It’s important to understand that not all workplace conflicts or annoying behavior constitutes illegal harassment. A single off-hand comment or one-time occurrence may not qualify as harassment. However, harassment becomes illegal when it is repeated and severe enough that it affects the employee’s ability to perform their job, or creates a hostile or threatening work environment.
The key factors in determining whether harassment is illegal include:
- Frequency: Is the behavior ongoing or isolated?
- Severity: Is the behavior severe enough to create a hostile or intimidating work environment?
- Impact: Is the behavior preventing the employee from performing their job or causing distress?
What to Do If You Are Facing Workplace Harassment
If you believe you are being harassed at work, you have legal rights. The first step is to document the harassment and report it to your Human Resources (HR) department. If your employer does not address the issue adequately, consulting with an experienced employment lawyer is essential to determine your next steps.
New York State and NYC Laws on Workplace Harassment
New York State follows federal harassment laws but also offers stronger protections. In New York City, the Human Rights Law offers additional safeguards, stating that harassment need only rise above a “petty slight or trivial inconvenience” to be considered unlawful. This means even small but frequent incidents of harassment can be actionable under NYC law.
How Phillips & Associates, PLLC Can Help
If you believe you are a victim of workplace harassment, it’s crucial to have experienced legal support. At Phillips & Associates, PLLC, we specialize in representing employees who have been harassed in the workplace, whether due to discrimination, sexual harassment, or retaliation. We fight to level the playing field for employees against large employers who may have extensive legal resources.
If you're in New York and facing harassment at work, contact Phillips & Associates, PLLC at (866) 229-9441 for a free consultation. We’re here to help you understand your rights and protect you from unlawful behavior in the workplace.