Workplace harassment is something many of us might not want to think about, but unfortunately, it’s a reality for countless employees across the country. Harassment doesn’t just impact the individual—it creates a toxic work environment and undermines morale. If you or someone you know is dealing with workplace harassment, it’s crucial to understand your rights and how to protect yourself.
At Gordon & Gordon, we’re committed to helping individuals who face harassment in their professional lives. In this post, we’ll discuss what workplace harassment is, how to recognize it, what steps you can take if you experience it, and how an experienced employment lawyer, discrimination lawyer, or harassment lawyer can assist you in seeking justice.
Understanding Workplace Harassment
Workplace harassment involves unwanted behavior that creates an intimidating, hostile, or abusive work environment. This can range from verbal abuse and inappropriate comments to physical threats or gestures. Importantly, harassment isn’t always overt; sometimes, it manifests in subtle ways that can still make you feel uncomfortable and unsafe.
Harassment can be categorized in many ways, but some of the most common forms include:
- Sexual Harassment: Unwanted advances, comments, or behavior of a sexual nature, including anything from inappropriate jokes to unwanted physical contact.
- Racial or Ethnic Harassment: Discriminatory remarks, slurs, or offensive behavior based on someone’s race or ethnic background.
- Disability Harassment: Mocking, excluding, or belittling someone because of a disability or perceived disability.
- Gender-Based or Religious Harassment: Offensive comments or actions based on a person’s gender, sexual orientation, or religion.
Harassment can affect any employee, regardless of their position, and it doesn’t always have to be directed by a supervisor or manager. Co-workers can also engage in harassing behavior that creates a hostile work environment.
Recognizing Harassment in the Workplace
Before you can take action, you need to recognize when harassment is happening. Harassment isn’t always as obvious as someone yelling at you or physically threatening you. Often, it’s the more subtle behaviors that can leave you feeling uneasy or distressed without a clear understanding of why.
Here are some signs that workplace harassment may be occurring:
- Unwanted Comments: Jokes, remarks, or insinuations that make you uncomfortable—especially when they’re about your gender, race, religion, or appearance.
- Physical Intimidation: Unwelcome touching, grabbing, or standing too close to you.
- Exclusion: Being systematically left out of team activities, meetings, or conversations because of your background, appearance, or beliefs.
- Degrading Behavior: Being belittled, mocked, or criticized in a way that undermines your confidence, especially if it relates to something out of your control, like your accent or appearance.
Some might think that harassment only occurs when someone is extremely rude or hostile, but harassment can be subtle. Even small, repeated instances of inappropriate comments or behavior can create a toxic work environment and lead to severe emotional distress.
What To Do If You Experience Harassment
If you find yourself in a situation where you are the target of harassment at work, there are several steps you can take to protect yourself and take action.
Stay Calm and Document the
First and foremost, try to remain calm. Responding emotionally or in anger may escalate the situation. The next crucial step is to document everything. Write down what happened, who was involved, the time and date, and any witnesses. The more details you can record, the better, as this will be important if you decide to report the harassment or seek legal help.
Speak Up (If It’s Safe to Do So)
If you feel safe, try to address the issue directly with the person who is harassing you. Let them know that their behavior is unacceptable and makes you uncomfortable. In many cases, the harasser may not realize the impact of their actions, and bringing it to their attention can stop the behavior. However, if you feel threatened or unsafe, it’s best to skip this step and move straight to reporting the harassment.
Report the Harassment
Most companies have specific protocols for reporting harassment, typically notifying your HR department or a direct supervisor about the issue. It’s essential to report any harassment you experience as soon as it happens. Reporting the issue allows your employer the chance to investigate and take appropriate action. In addition, it creates a record that could support your claims if the issue escalates.
Seek Support
It’s vital to have support during this process. Talk to colleagues who you trust or even friends or family members to help you navigate the emotional aspects of dealing with harassment. Sometimes, just knowing that others believe and support you can make all the difference.
Legal Rights and Protections Against Harassment
As an employee, you have legal protections against harassment. The Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit workplace harassment based on factors like race, gender, religion, and disability. Under these laws, employees are entitled to a workplace free from discrimination and harassment.
If the harassment continues despite reporting it, you may be able to file a formal complaint with the EEOC or take legal action. Filing a complaint with the EEOC is an essential step if you’re considering taking legal action. This process involves submitting detailed information about the harassment, and the EEOC will investigate your claim. If the EEOC finds that there’s enough evidence, they may help you take legal action against your employer or the harasser.
Legal Remedies and Retaliation
Employees are legally protected from retaliation if they report harassment. If your employer retaliates by firing you, demoting you, or treating you unfairly after you report harassment, this could strengthen your case. Legal remedies may include compensation for emotional distress, lost wages, or punitive damages depending on the severity of the harassment.
How a Lawyer Can Help
If you’re experiencing workplace harassment, it’s a good idea to consult with an employment lawyer. An experienced harassment lawyer or discrimination lawyer can guide you through the legal process and help you determine the best course of action. Here’s how an attorney can assist:
- Guiding the Reporting Process: A lawyer can help you understand how to report harassment to your employer and ensure the process is done correctly.
- Navigating Legal Complexities: Workplace harassment cases often involve complex legal issues, and an attorney can ensure your rights are protected at every step.
- Providing Legal Representation: If you decide to pursue legal action, a lawyer can represent you in court and help you seek damages for the harm caused by the harassment.
Workplace harassment is a serious issue, but it doesn’t have to define your career or well-being. By recognizing the signs, taking the right steps, and seeking legal support when needed, you can protect yourself and ensure that you work in an environment that’s free from harassment.
If you are dealing with harassment at your job, Gordon & Gordon is ready to help. Our employment lawyers, discrimination lawyers, and harassment lawyers are here to help you navigate this challenging process so you can get the best outcome. Contact us today for a consultation—we’re here to support you.