Recognizing Workplace Harassment
We encounter misinformation and disinformation in today’s world. What about missed information?
I came across an article in the course of a workplace investigation about workplace harassment.
The writer cited the Equal Employment Opportunity Commission in stating that harassment can include certain behaviors: offensive jokes, slurs, epithets, threats, intimidation, ridicule or mockery, for example. What they didn’t do is adequately explain what illegal workplace harassment is.
Let’s look at what an employer and employee need to know about illegal workplace harassment.
Harassment is a form of discrimination.
To be illegal, the behavior must be based on a characteristic that is protected by law. Under federal law, this includes race, color, religion, sex (including sexual orientation and gender identity) national origin, age, and disability.
The behavior must be unwelcomed.
Not all behavior is severe or obvious. Subtle behavior, such as microaggressions, can be or result in workplace harassment, especially if there is a pattern to the behavior.
Employers have a responsibility to address complaints of harassment.
Employees have the right to speak up and address harassment with their leadership and to file a charge of discrimination with the EEOC.
While the writer’s message was well meaning, and their subsequent descriptions of behavior that could be harassment were correct, they failed to mention a critical fact: For the behavior to be illegal, it must be based on a protected characteristic as described above. There are other protected characteristics in state and local laws.
There is a clear distinction between behavior that is illegal and behavior that is unprofessional or creates a toxic work environment. It’s not illegal for a manager to be a jerk.
A manager can make demeaning remarks (This team is a bunch of losers) or offer unreasonable criticism (They screw up projects because they never follow my directions or do things my way). This is not illegal.
A manager can and should provide constructive or critical feedback. Advising an employee of further action if expectations for improvement are not met are not threats nor harassment, even if the feedback and advice are delivered without tact nor diplomacy.
A manager can yell, scream or berate employees indiscriminately (whoever crosses their path at a point in time) creating a toxic environment, but it is not necessarily illegal.
If the remarks and criticism a manager makes are general in nature, they don’t automatically meet the legal test. If they are singling out women or people of color, and directing comments only to them, (The women on this team are losers) harassment or discrimination is likely taking place. It should be addressed.
Finally, if a manager, or coworker, makes offensive gestures of a sexual nature, ethnic slurs, hurtful comments or insults based on someone’s age, disability or national origin, or tells unwanted jokes of a sexual or racist nature, these behaviors are likely unlawful harassment and discrimination. These behaviors are based on protected characteristics and should be reported and addressed.
Review our past blogs about awareness, attitude and action for more information about addressing harassment.