We’ll be at Compliance Week National 2024 in Washington, D.C., April 2-4. Learn more or schedule a time to meet with us at the show here.

#Article

Defining Workplace Harassment: Know the Types


Defining Workplace Harassment: Know the Types

All workplace harassment is illegal. Don’t let it happen in your company.

Workplace abuse and sexual harassment have been a huge topic in the media lately. Companies appear to be at the dawning of a long-needed change in the way they operate when it comes to harassment. While sexual harassment is the type most often discussed, it is important to understand exactly what constitutes various types of workplace harassment.

Definition of Harassment

In the United States, workplace harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal regulations. The Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome verbal or physical behavior that is based on race, color, religion, sex (including pregnancy), gender/gender identity, nationality, age (40 or older), physical or mental disability, or genetic information.

All businesses need to be aware of and understand what constitutes the various types of workplace harassment. They also need to know that it is against the law when the offensive conduct becomes a prerequisite to new or continued employment, or if the conduct is severe enough or continues for a period of time, making the workplace intimidating, hostile, or abusive for any employee, no matter the level of employment. If any type of harassment results in a change in the employee’s salary or status, it is considered unlawful workplace harassment.

Types of Workplace Harassment and Discrimination

Here are the various types of workplace harassment that every business needs to know:

  • Sexual – This includes inappropriate sexual behavior or advances or favors of any kind. It also includes any language, even a joke of a sexual nature, that makes someone uncomfortable. It can also include showing someone a photo or website that is inappropriate.
  • Sexual Orientation – This is a form of harassment that takes place when an employee is discriminated against on the basis of gender. Anyone who is made to feel they are the target of abuse because of their gender has a legitimate discrimination case.
  • Verbal – This includes shouting, swearing, rudeness, joking at someone’s expense, etc. Anything that demeans an employee or makes fun of someone is considered verbal harassment.
  • Bullying - This is a type of abuse and harassment that covers a lot of ground. It includes verbal abuse of any kind, such as hurtful remarks, making fun of someone, and even excluding someone from group activities. Bullying can take place in person or online, on the phone, etc.
  • Physical – This one seems obvious and while you think it doesn’t happen in the workplace, it often does. Any form of physical violence, fighting, slapping, hitting, pushing, shoving, etc., needs to be reported and management should take immediate steps to stop it and to deal with the offender.
  • Age discrimination – Not hiring someone because of their age, regardless of their qualifications, can get you into trouble. Limiting their job responsibilities or treating someone badly because of their age is also a form of discrimination and abuse. The Age Discrimination in Employment Act (ADEA) prohibits this.
  • Disability – Making fun of someone with a disability or impairment is a form of abuse and harassment.
  • Religious and Racial - Rude comments about other people's race, religion, caste, language, heritage, political beliefs, religious preference, etc., all constitute a form of abuse and harassment.
  • Stalking – This is dangerous and takes many forms including being followed or harassed by a rejected suitor, online harassment, constant tweets/emails/texts, annoying phone calls, threats, etc.
  • Psychological – This form of harassment usually involves abusive language, harsh words, lack of appreciation, giving impossible work assignments or unreachable target dates. These actions can affect an employee psychologically.

Harassment in any form is against the law. It is your responsibility as an employer to create a harassment-free work environment. Know the various types of harassment, create policies prohibiting these behaviors, write them in your handbooks and enforce these policies. Make it clear to all employees that these behaviors will not be tolerated and can be grounds for immediate dismissal.