What is Harassment?

Unlawful harassment has been defined as unwelcome conduct or comments that are based on someone's sex, religion, race, national origin, color, disability, sexual orientation, or age.  Comments may include, but are not limited to, racial slurs or descriptions of sexual acts or body parts, pressure for dates, and offensive remarks about a person's appearance.  Conduct may include unwanted physical touching or use of gestures that are meant to offend or derogatory comments about a person's race, disability, sex, religion or national origin.

These actions must be unwelcomed by the alleged victim.  Unwelcomeness is determined by the recipient of the harassment and can be shown when the employee did not invite the conduct of comments.  The victim can also show that the actions are unwelcome by telling the harasser to stop.

Some general examples include:

•         Pressure for dates

•         Offensive remarks about appearance

•         Touching

•         Sexual/racial jokes

•         Use of racially derogatory words, phrases, epithets

•         Use of gestures or pictures that would offend a particular racial or ethnic group

•         Negative comments about an individual’s skin

•         Derogatory or intimidating references to an employee’s mental or physical impairment

When is it against the law?

According to Title VII, harassment becomes unlawful when the comments or conduct become severe or pervasive.  The Commission takes into consideration how often they occured or whether they were physically threatening or humiliating.  


Do I have a claim of harassment?

As previously explained, you may be a victim of unlawful harassment if you have been subjected to unwelcome conduct or comments that are based on a protected class (race, sex, religion, national origin, color, disability, sexual orientation).  The harassment must also have created a hostile work environment or has resulted in a tangible employment action.  The employer must also be found liable for this, but that depends on a number of factors. 

Employers can be held liable if they do not have an anti-harassment policy in place or an avenue for employees to complain of harassment.  If the employer has such a policy, it is the employee's responsibility to use this process.  Employers must be given the opportunity to correct the situation.  If no action is taken to correct or prevent the harassment, the employer may be liable.  However, if a supervisor or owner is the harasser, the employer may be more directly liable.

Each situation has it's own set of facts which must be examined carefully.  The Commission's investigation and analysis of the evidence will determine whether the harassment was unlawful and whether the employer was liable.  If you feel that you have been subjected to unwelcome conduct or comments and your employer has not taken the proper steps to stop or prevent the harassment, it is your legal right to file a complaint with the Commission.  To begin the process, click here.

Different forms of harassment

- Supervisor/owner:  This type of harassment very often is called quid pro quo harassment.  This is when the person in authority over the employee has made the employee's participation in the harassment a condition of their employment.

The following scenario is an illustration of this form of harassment:

Phillip's boss, Susan, asks him to go on overnight business trips on a regular basis.  When Phillip suggests that he might not be able to go on these trips so often, Susan shakes her head and tells him that is not the way to move up in the company.  Phillip does not like going on these trips because once they are out of the office, Susan will rub his legs and shoulders and suggest they sleep in one hotel room to "save the company money."  Phillip feels uncomfortable around Susan because of her actions and avoids being alone with her as much as possible, both in the office and on the business trips.  Whenever Phillip protests, Susan always shakes her head and tells him that is not how he will move up in the company.

- Co-workers:  This can create a hostile work environment for the employee.  A hostile work environment is one that the employee not only finds objectionable but so would a reasonable person. 

The following scenario describes possible harassment by co-workers:

Deborah’s male co-workers frequently engage in bawdy sexual banter and horseplay in the office.  They trade stories about their sexual exploits and kid about each other’s sexual prowess.  Deborah sometimes has conversations of a sexual nature with one of her male co-workers, but she has let the others know that she is offended by their banter and horseplay.  Deborah has complained to her supervisor, but she has taken no action.


- Vendors:  Persons who visit the workplace, but are not employees of the company.  Examples can include repairmen, contract workers, etc.

The following is a scenario regarding an employee who is alleging harassment from a non-employee:

Joan, an African-American, dreads each time her photocopier breaks down because the repair person assigned to her office always comes in and tells jokes involving minorities.  The jokes are offensive and often use derogatory terms and stereotypes.  Joan has complained to her supervisor, but the supervisor says that he doesn’t have any control over the repair person because that individual is an employee of the photocopier service company and not an employee of the agency.  The supervisor does relay Joan’s complaints to the service company, but no action is taken.

The examples provided are just examples.  Harassment can come in many different forms, speak with an investigator about your particular situation.

I am an employer, what is my responsibility?

An employer is responsible to protect their employees against harassment.  The best way to do this is to have a policy that prohibits harassment and provides a way for employees to complain about it.  It is advisable for an employee to have more than one avenue to complain.  If employees are given adequate and reasonable ways to notify the employer of harassment, it is then their responsibility to do so.  Train your supervisors, managers, and employees about the policy and then monitor how the policy is implemented.  A good harassment policy contains the following elements:

1. In writing and well disseminated

2. Protect against retaliation

3. Define what workplace harassment is

4. Establish a complaint procedure

5. Create multiple paths in the complaint process

6. Promise a prompt response

7. Establish disciplinary action

When you are notified of the harassment, you must take proper steps to promptly stop and then correct the harassment.  Many companies suspend the accused harasser while an investigation is conducted, or simply remove them from the victims work environment.  Proper investigations into harassment complaints include interviewing witnesses, including the alleged harasser and the victim.  If your investigation has found that harassment has taken place, the goal is to end the harassment and to ensure that it does not happen again.  Some different ways to correct the behavior of the harasser include issuing oral or written warning or reprimand, transfer or reassignment, demotion, suspension or discharge, training or counseling harasser, and monitoring harasser.  It is also important to correct the effects that the harassment had on the employee.  Different ways to do this can be to restore any leave that was taken, removing negative evaluations (if the harasser was a supervisor), reinstatement, an apology from harasser, and/or compensation for any losses.