Understanding Harassment in the Workplace

At Ryan Employment Law, we believe that every individual has the right to a safe and respectful work environment. Harassment in the workplace is not only unacceptable but also illegal under various laws, including Title VII, the ADA, and the ADEA. These laws aim to protect employees from discrimination and harassment based on various factors.

Harassment claims fall into two categories: quid pro quo and hostile work environment.

A hostile work environment does not require an adverse employment action, such as termination, demotion, or given less desirable work, to be taken against the employee, but the hostile work environment must be severe and pervasive. To determine if the conduct is severe and pervasive, courts might look at the severity, frequency, if the conduct is physically threatening or humiliating, or if the conduct unreasonably interferes with the employee’s work. A hostile work environment can be created against an employee based on any protected class of the employee, like age, race, sex, disability, national origin, or religion.

A quid pro quo claim does require a tangible adverse employment action. A quid pro quo is a “this for that” exchange and can only be brought based on sex. A quid pro quo claim is a sexual favor in exchange for a job promotion or other benefit of employment.

The discrimination laws place the liability for the harassment on the employer. Harassers are often the boss or the coworkers. If the supervisor is the one harassing, the employer is automatically liable. If a coworker is the harasser, the employee must put the employer on notice of the harassment, and the employer must take action to stop the harassment.

For quid pro claims, the employer who makes employment decisions can be held liable because only the person can commit a quid pro quo harassment violation. If the boss commits a quid pro quo violation, the employer might be liable.

An employer may be able to avoid liability in the hostile work environment if the employer took reasonable care to prevent harassment claims and the employee unreasonably failed to use reporting procedures. If coworkers harass the employee, the employer is liable if the employer knew or should have known about the harassment and the employer failed to take swift remedial action.

What is Harassment?

Harassment in the workplace can take many forms, including verbal abuse, offensive jokes, unwanted physical contact, and intimidation. It creates a hostile work environment that can have serious consequences for the victim's well-being and performance.

Recognizing Harassment

It's essential to recognize the signs of harassment in the workplace, whether it's coming from a supervisor, coworker, or even a client. Being aware of what constitutes harassment can help you take action to protect yourself and your rights.

Stand Up Against Harassment Today

If you believe you are experiencing harassment in the workplace, don't hesitate to reach out to us for a free consultation. Your well-being and rights matter, and we are here to help you navigate through this challenging situation.