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What is Workplace Harassment?
Workplace harassment involves unwelcome and offensive conduct that is based on race, color, national origin, sex, religion, disability, age, or genetic information. The behavior is not always as easily recognized, as it may be part of a much wider variety of misconduct.
Workplace harassment is best described as any conduct that makes the workplace abusive, uncomfortable, or intimidating. In order to rise to the level of illegality, workplace harassment must be severe, pervasive, and reasonably offensive.
Examples of Workplace Harassment
Examples of workplace harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments, or offensive graffiti, pictures, or cartoons.
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What to do if You're the Victim of Workplace Harassment
You should take the following steps if you've been the victim of workplace harassment or a hostile work environment:
1. File a complaint with your Human Resources (HR) department. If the offender fails to quit the behavior, you need to make the complaint in writing. Act immediately if you fear for your safety. After you file a complaint with HR, allow them to investigate the matter and resolve the harassment.
2. If the harassment has not ceased at this point, you should hire a lawyer to file an administrative charge with a federal and/or state agency. Filing an administrative charge is not a lawsuit; instead, you are notifying the federal agency about the harassment.
Filing with a federal or state agency and obtaining a right-to-sue letter is a necessary step prior to filing a lawsuit. Without a right-to-sue letter, your lawsuit will automatically be thrown out. Once you file this charge, the agency will notify your employer and then either dismiss, investigate, or request that you and your employer work together to settle or mediate the dispute. It is possible that the agency may file a lawsuit for you, but this only happens in extraordinary circumstances.
3. File a lawsuit – Once the agency has completed its investigation and you have received a right-to-sue letter, you can file a workplace harassment lawsuit. Be aware that there is a short time frame in which you can file the complaint from the date you received the right-to-sue letter. Consult a harassment lawyer immediately to learn more about your legal rights.
FAQs
How do I know if I have a valid workplace harassment claim?
You may have a valid workplace harassment claim if you have experienced unwelcome, discriminatory behavior that creates a hostile work environment or if you have faced retaliation for reporting harassment. Consulting with an employment attorney can help determine the validity of your claim.
What steps should I take if I experience harassment at work?
If you experience harassment at work, document the incidents, report the behavior to your supervisor or HR department, and follow your company’s procedures for addressing harassment. If the issue is not resolved, consider consulting with an employment attorney.
Can I file a lawsuit if I was retaliated against for reporting harassment?
Yes, you can file a lawsuit if you were retaliated against for reporting harassment. Retaliation can include adverse actions like demotion, termination, or other negative changes in employment conditions. An employment attorney can help you pursue a retaliation claim.
What types of compensation can I seek in a workplace harassment lawsuit?
In a workplace harassment lawsuit, you can seek compensation for lost wages, emotional distress, medical expenses, and punitive damages. The goal is to restore your financial and emotional well-being and hold the employer accountable for the harassment.
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- What Is Retaliation in the Workplace?
- What is a Workplace Investigation?
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