Harassment in the workplace is a serious issue that affects everyone involved. Unlawful harassment—a form of employment discrimination that violates many civil rights laws—can have a significant impact on employees and their families. Employment law provides legal support and representation for workers facing discrimination and harassment, which is why you should consider seeking experienced workplace harassment lawyers to protect your rights.
Don’t wait for harassment to escalate—take action now to stop it. Fortunately, many employees have legal protections against workplace harassment. In some cases, laws may also entitle employees to compensation for the damages they’ve suffered.
Below is more information about harassment and what you can do to get help.
What is workplace harassment?
Harassment is “a form of employment discrimination,” according to the Equal Employment Opportunity Commission (EEOC), which violates the following federal laws that generally provide protections for employees and can help stop harassment:
- Title VII of the Civil Rights Act of 1964
- The Age Discrimination in Employment Act of 1967 (ADEA)
- The Americans with Disabilities Act of 1990 (ADA)
Certain actions or behaviors can constitute harassment under the law, depending on how they are perceived and their impact on the work environment.
Additionally, there are state laws that protect employees. For example, California’s Fair Employment and Housing Act (FEHA) prohibits workplace harassment, which is defined as unwanted conduct based on a person’s protected class, including but not limited to their:
- Race
- Color
- Religion
- Sex (sexual orientation, gender identity, or pregnancy)
- National origin
- Ancestry
- Age (40 years or older)
- Disability
- Medical condition
- Genetic information
The laws also prohibit harassment against individuals as retaliation for filing a discrimination complaint, participating in an investigation or lawsuit, or opposing employment practices they believe discriminate against others.
Types of harassment
Harassing conduct can take various forms in a workplace and can happen to anyone. Workplace harassment can manifest through:
- Offensive comments, insults, jokes, and cruel teasing
- Threats and intimidating behavior
- Unwanted sexual advances
- Unwelcome physical contact
- Spreading offensive gestures, objects, or images
- Other offensive behaviors
Workplace bullying can take many forms and has legal implications including lawsuits or settlements.
For conduct to be considered harassment it generally must be severe or repetitive enough to create a hostile or offensive work environment. Isolated incidents alone do not constitute harassment unless they are severe or pervasive.
And this conduct should not impact your ability to do your job. You should not be forced to endure this behavior to keep your job.
Sexual harassment
Sexual harassment is a form of discrimination based on sex, gender identity, sexual orientation, or gender expression. This type of harassment can occur between individuals of the same or opposite sex, regardless of their sexual orientation, identity, or gender expression.
According to the EEOC, harassment does not have to be of a sexual nature but can include offensive comments about a person’s sex. For instance, it is illegal to harass a woman by making offensive remarks about women in general.
To prove a hostile work environment claim, it is necessary to demonstrate that the harassment was severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Understanding workplace policies and seeking legal assistance is crucial to protect employee rights.
The California Civil Rights Department states that there are two types of sexual harassment:
- “Quid pro quo” sexual harassment (Latin for “something for something”) occurs when a person conditions employment, a promotion, or any other job benefit on the acceptance of sexual advances or conduct.
- On the other hand, sexual harassment that creates a “hostile work environment” occurs when unwanted sexual comments, unwelcome sexual advances, or behaviors unreasonably affect someone’s work performance or create an intimidating, hostile, or offensive work environment.
Under federal laws, specifically Title VII of the Civil Rights Act of 1964, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Importantly, a hostile work environment can be created by conduct that is pervasive and severe enough to affect anyone in the workplace, not just the direct target.
For instance, an employee exposed to offensive jokes, images, or sexually explicit behavior may be a victim of harassment—even if the conduct wasn’t directed at them.
The EEOC recognizes that harassment can originate from various sources within the work environment. Employers can be held liable for harassment by supervisors, coworkers, and even non-employees like clients, customers, or vendors if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action. This broad definition ensures that employees are protected from harassment regardless of the harasser’s relationship to the employer.
Employer responsibility: preventing and stopping harassment to avoid a hostile work environment
Employers have a responsibility to prevent harassment and promote a positive and inclusive work environment. By following best practices, employers can create a workplace where all employees feel safe, respected, and valued. It is crucial to review, if possible, both your employer’s code of conduct and their anti-harassment policy. These workplace policies complement the protections offered by federal and state laws. It is also important to report any incidents to the human resources department to ensure proper action is taken and to create a record of the report.
What should your employer do to prevent or stop harassment? Although there is no one-size-fits-all solution to end and prevent harassment, there are some best practices, including:
- Conducting investigations when complaints or reports of harassment are made.
- Disciplining bosses, supervisors, or employees who harass others.
- Providing guidance on appropriate and acceptable behavior to prevent workplace harassment.
- Training all staff on what constitutes harassing behavior and how to respond to it.
- Offering clear instruction to employees about expected workplace behaviors.
Employers are obligated to provide a work environment free from harassment. It is essential that employers and managers take this responsibility seriously, as a safe and respectful workplace significantly contributes to employee well-being. Additionally, even though laws may vary from place to place, maintaining a harassment-free work environment is a sound business practice that reflects responsible management.
Dealing with workplace harassment
If you’ve experienced harassment at work, taking informed and timely action is crucial. Workplace harassment often overlaps with workplace discrimination against protected classes, affecting individuals based on their race, national origin, age, gender identity, sexual orientation, disability, or religion. Here are some steps that may help:
Document the incidents
Keep a detailed record of each harassment incident, noting the date, time, location, and a full description of what happened. If possible, write down the names and contact information of any witnesses, as their testimony could be crucial in the future.
Consult with an experienced attorney
Once you have documented the incidents, reach out to hostile work environment lawyers who provide legal assistance for individuals experiencing workplace harassment. The workplace harassment attorneys in our network can offer you a free initial case evaluation and guide you on the necessary steps to take.
File a complaint with the Equal Employment Opportunity Commission (EEOC)
Before pursuing a workplace harassment claim or lawsuit, you generally need to file a complaint with the EEOC within 180 days. Keep in mind that deadlines and the agencies for filing such a complaint may vary by state. For instance, in California, before filing a claim against your employer, you must file a complaint with the state’s Civil Rights Department within three years from the date of the last incident, unless exceptions apply. There are various rules that can affect these timelines, so it’s advisable to consult an attorney.
Investigation process and legal action
The authorities of the relevant agencies will review your claim and, if appropriate, conduct an investigation. If justified, they will then grant you the right to file a lawsuit, allowing you to initiate a civil action against your employer.
Remember: every case is unique; however, in situations of workplace harassment, meticulously documenting the facts and acting quickly are crucial steps in seeking justice.
EEOC
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws prohibiting employment discrimination and harassment based on protected characteristics. While the EEOC addresses workplace harassment tied to these characteristics, it does not handle cases of general workplace bullying.
When an employee files a complaint with the EEOC, the agency investigates to determine if there has been a violation of employment discrimination laws. The EEOC also provides guidance and training to employers on preventing and addressing unlawful harassment, helping to create safer and more inclusive work environments.
In addition to enforcement and guidance, the EEOC offers resources and support to employees who have experienced discrimination or harassment based on protected characteristics. This support can be invaluable in guiding victims through the legal process and helping them seek justice for the harm they have suffered.
Workplace harassment lawyers can be on your side
If you have been a victim of workplace harassment, you may be entitled to fair compensation for the damages and suffering you have experienced. A workplace harassment lawyer can be your ally in filing your claim promptly, ensuring you don’t lose your right to financial compensation.
Experienced workplace harassment lawyers in your area can:
- Explain your workplace rights and the laws that apply to your situation.
- Give you information on the process of filing a claim or lawsuit based on the laws and procedures that apply to your case and jurisdiction.
- Review your legal options.
- Investigate, interview witnesses, gather evidence to build your case.
- Calculate the damages and the compensation you could be entitled to.
- Prepare and file the necessary paperwork.
- Meet deadlines and statutes of limitations.
- Negotiate with the other parties.
- Fight to get you the compensation you deserve.
- If necessary, represent you in a trial, etc.
Good news! The workplace bullying lawyers in our network will work with you for free upfront. You only pay them when your case is resolved, whether through settlement or court. Don’t wait!
How much does a work harassment attorney cost to hire?
Many workplace harassment lawyers work on a contingency fee basis, meaning you don’t pay anything upfront—they get paid only if you win. This setup allows you to pursue justice without worrying about legal fees right away, as their fees will come from any compensation you might win.
Typically, contingency fees range from 25% to 40% of the total compensation. A contingency fee arrangement offers several advantages for individuals seeking legal representation. One of the most significant benefits is that there are no upfront costs. This means you don’t have to worry about paying legal fees out of pocket to begin your case. Instead, the attorney’s fee is only paid if they win or settle the case, making it a more affordable option for many people.
Another advantage is the incentive this arrangement creates for lawyers. Since the attorney’s payment is directly tied to the case’s outcome, they typically are motivated to work diligently on behalf of their clients. This can provide peace of mind, knowing your attorney is fully invested in working to seek the best possible result for your case.
While many lawyers work on a contingency fee basis, clients may still be responsible for case costs, such as court filing fees or expert witness fees, even if the case is not successful. In some cases, you may be responsible for paying these costs regardless of the outcome, although this is less common in contingency fee arrangements.
Call now for your free and confidential consultation
If you suspect that you are being treated unfairly at your workplace, the workplace harassment attorneys in our network are available to provide legal assistance in Spanish and English. We understand that taking the first step can be difficult, but we want you to know that you are not alone.
Contact us today, by phone or online 24/7. In less than 10 minutes someone from our team will connect you with a qualified lawyer to review your case for free, confidentially and with no obligation on your part. What are you waiting for? Take the first step today!