Understanding Harassment

Harassment is more than just rude behavior; it's about unwelcome conduct that's tied to certain personal traits. This kind of behavior isn't just annoying—it's discriminatory when it targets someone based on protected characteristics like race, gender, or religion.

Unwelcome Conduct

Unwelcome conduct means actions or comments that the recipient finds offensive or unwanted. It's not about whether the harasser thinks their behavior is acceptable; it's about how the person on the receiving end feels.

Imagine you're at work, and a colleague makes jokes about your appearance every day. Even if they think it's funny, if you find it offensive, it's unwelcome.

Protected Characteristics

These are specific traits that are legally protected from discrimination. They include:

• Race
• Color
• Religion
• Sex (including pregnancy, sexual orientation, or gender identity)
• National origin
• Age (40 or older)
• Disability

When harassment is linked to any of these characteristics, it crosses the line into illegal territory.

Severe or Pervasive

For conduct to be considered harassment under the law, it must be either severe or pervasive.

• Severe: A single incident can be severe enough to constitute harassment. For example, an outright threat or physical assault.

• Pervasive: This involves repeated actions or comments that create a hostile work environment over time. For instance, constant derogatory remarks about someone's religion.

Understanding these elements is crucial. It helps you recognize when behavior crosses the line from being merely unpleasant to being illegal. If you're in Mississippi and facing such issues, knowing your rights and the protections available is the first step toward resolution.

Next, we'll explore the types of harassment and how they manifest in different forms.

Types of Harassment

Harassment can take many forms, but it often falls into three main categories: Verbal/Written, Physical, and Visual. Understanding these types can help you identify and address harassment effectively.

Verbal/Written Harassment

Verbal or written harassment involves using words to intimidate, belittle, or demean someone. This could be spoken or written and often includes derogatory remarks, jokes, or threats.

• Example: Imagine receiving daily emails from a colleague that mock your accent or belittle your work. This is not only unprofessional but can create a hostile work environment.

• Case Study: According to a PEW Research Center study, 41% of Americans have experienced online harassment, highlighting how pervasive verbal harassment can be in digital spaces.

Physical Harassment

Physical harassment involves unwanted physical contact or intimidation. This could range from inappropriate touching to outright physical assaults.

• Example: A coworker who constantly stands too close or touches you without consent is engaging in physical harassment.

• Fact: Research shows that workplace violence, including physical harassment, is a significant source of stress for employees, particularly in high-pressure environments like hospitals.

Visual Harassment

Visual harassment involves displaying offensive images or gestures. This can happen through posters, screensavers, or even suggestive looks.

• Example: A poster in the office with sexist imagery or a coworker making lewd gestures can both be forms of visual harassment.

• Statistic: A study found that 25% of women have experienced some form of sexual harassment in the workplace, which often includes visual elements.

Recognizing these types of harassment is crucial. It empowers you to take action and seek help if you encounter such behavior. Whether it's verbal, physical, or visual, harassment has no place in a respectful and safe work environment.

Next, we'll dive into the legal framework and protections available to you under various laws.

Legal Framework and Protections

Understanding the legal framework surrounding harassment is key to knowing your rights and protections. Several important laws address harassment in the workplace: the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

Civil Rights Act

The Civil Rights Act of 1964 is a cornerstone in the fight against workplace discrimination. Title VII of this act prohibits employment discrimination based on race, color, religion, sex (including sexual orientation and gender identity), and national origin. This means any form of harassment based on these characteristics is illegal.

Age Discrimination in Employment Act (ADEA)

The ADEA protects employees who are 40 years of age or older from discrimination based on age. This act makes it unlawful to harass a person because of their age. Harassment is illegal when it creates a hostile work environment or results in an adverse employment decision, like being fired or demoted.

• Example: If a supervisor consistently makes derogatory comments about an older employee's ability to use technology, this could constitute age-based harassment under the ADEA.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. It ensures that people with disabilities have the same rights and opportunities as everyone else. Harassment based on disability is prohibited and can include offensive remarks about a person's disability or persistent mockery.

• Case Study: In a notable case, an employee with a hearing impairment was repeatedly mocked by coworkers. The company was held liable for failing to address the harassment, highlighting the importance of taking immediate action when harassment is reported.

These laws provide a robust framework to protect employees from harassment. They empower you to take action if you experience or witness unlawful behavior. Up next, we'll explore what employers must do to prevent and address harassment in the workplace.

Employer Responsibilities and Liability

Employers play a crucial role in preventing and addressing harassment in the workplace. They have specific responsibilities to create a safe and respectful environment for everyone. Let's explore some key areas where employers need to focus:

Preventive Measures

Prevention is the best tool to eliminate harassment. Employers should:

• Communicate Clearly: Let everyone know that harassment of any kind won't be tolerated. This can be done through meetings, emails, or posters in common areas.

• Training Programs: Regular anti-harassment training for all employees, including managers, is vital. This training should cover what constitutes harassment and how to report it.

• Effective Policies: Develop clear policies that outline what behaviors are unacceptable and the consequences of violating these policies. Make sure these policies are easily accessible to all employees.

Corrective Actions

When harassment is reported, employers must act promptly and appropriately:

• Investigate Thoroughly: Look into all complaints quickly and thoroughly. This shows your commitment to a harassment-free workplace.

• Take Appropriate Action: If harassment is confirmed, take immediate steps to correct the behavior. This could include disciplinary action against the harasser, up to and including termination.

• Support the Victim: Ensure that the victim feels safe and supported. This might involve changing work assignments or providing counseling services.

Supervisor Liability

Employers can be held responsible for harassment by supervisors:

• Automatic Liability: If a supervisor's harassment results in a negative employment action (like firing or demotion), the employer is automatically liable.

• Hostile Work Environment: If a supervisor creates a hostile work environment, the employer can avoid liability only if they can prove two things:
  1. They took reasonable steps to prevent and correct the harassment.
  2. The employee failed to take advantage of these preventive or corrective opportunities.

Employers must be proactive and responsive to protect their employees and themselves from legal consequences. By focusing on preventive measures, taking swift corrective actions, and understanding supervisor liability, employers can foster a respectful and safe workplace for everyone.

Next, we'll discuss how to deal with harassment when it happens.

How to Deal with Harassment

Dealing with harassment can be challenging, but knowing the right steps to take can empower you to protect yourself and resolve the situation effectively. Here are some practical actions you can take:

Report Harassment

The first step in addressing harassment is to report it. Here's how you can do that:

• Document Everything: Keep detailed records of each incident. Note the date, time, location, what happened, and any witnesses. This documentation is crucial if you need to escalate the issue.

• Notify Your Supervisor or HR: Report the harassment to your supervisor or human resources department as soon as possible. They are responsible for investigating and addressing such issues.

• Follow Company Procedures: Each company has its own procedures for handling harassment complaints. Make sure you follow these guidelines to ensure your complaint is taken seriously.

Increase Security

Sometimes, feeling safe involves taking steps to increase your personal security:

• Change Your Environment: If possible, change your work area or schedule to avoid the harasser. This can help you feel safer while the issue is being resolved.

• Seek Support: Talk to trusted colleagues, friends, or family members about what you're experiencing. Having a support system can be invaluable.

• Use Safety Apps: Consider using safety apps that allow you to quickly alert someone if you feel threatened.

Restraining Orders

In severe cases, a restraining order might be necessary:

• Understand the Process: A restraining order is a legal order that requires the harasser to stay away from you. The process for obtaining one varies by location, so it's important to understand the specific requirements in your area.

• Gather Evidence: Your documentation of the harassment will be crucial in obtaining a restraining order. Be prepared to present this evidence in court.

• Consult an Attorney: Legal advice can be helpful in navigating the process of obtaining a restraining order. An attorney can guide you through the steps and represent your interests.

By reporting harassment, increasing your personal security, and considering legal actions like restraining orders, you can take control of the situation and work towards a resolution. You don't have to face harassment alone—resources and support are available to help you through this process.

Next, we'll answer some frequently asked questions about harassment.

Frequently Asked Questions about Harassment

What is considered to be harassment?

Harassment involves unwanted behavior that causes emotional distress to another person. It's not just a one-time incident but often a pattern of behavior. This can include threats, intimidation, and actions that make someone feel uncomfortable or unsafe. Harassment is not limited to physical actions; it can also be verbal or written.

What are the three types of harassment?

There are three main types of harassment:

1. Verbal Harassment: This involves spoken or written words that are offensive or threatening. It can include derogatory remarks, jokes, or innuendos about someone's appearance, beliefs, or personal characteristics.

2. Physical Harassment: This includes any unwanted physical contact, such as touching, patting, or pinching. It can also involve more aggressive actions like hitting or pushing.

3. Visual Harassment: This type involves displaying offensive images or gestures. It can include showing inappropriate photos or making leering gestures that make someone feel uncomfortable.

How do you deal with someone harassing you?

If you are experiencing harassment, here are some steps you can take:

• Tell Them to Stop: If it's safe, let the person know their behavior is unwelcome and ask them to stop. Sometimes, people may not realize their actions are harmful.

• Involve Authorities: If the harassment continues, report it to your supervisor, HR department, or relevant authorities. They can take appropriate actions to address the situation.

• Seek Support: Talk to friends, family, or colleagues about what you're going through. Having a support system can help you feel less isolated.

You have the right to work and live in an environment free from harassment. Taking action not only protects you but also helps create a safer space for everyone.

Conclusion

At Watson & Norris, PLLC, we are dedicated to protecting employee rights and providing expert legal guidance in harassment cases. Our team understands the complexities of employment law and is committed to helping you steer these challenges with confidence.

Why Choose Watson & Norris, PLLC?

We specialize in employment law and have a proven track record of successfully representing employees across Mississippi. Whether you're facing discrimination, wrongful termination, or sexual harassment, our experienced attorneys are here to advocate for your rights and ensure you receive fair treatment.

Our Expertise

Our comprehensive knowledge of employment law includes handling cases under the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). We are well-versed in the legal framework that protects employees from harassment, and we use this expertise to provide effective representation.

Your Rights Matter

Every employee deserves a workplace free from harassment and discrimination. If you're experiencing harassment, it's crucial to understand your rights and take action. We can assist you in filing complaints, conducting investigations, and pursuing legal action if necessary.

Take Action Today

If you or someone you know is facing harassment at work, don't hesitate to reach out to us. Our team is ready to listen, support, and guide you through the legal process. We are committed to securing justice and creating a safer work environment for everyone.

For more information on how we can help with retaliation claims and other employment law issues, visit our Retaliation Claims page. Together, we can work towards a fair and equitable workplace.