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Generally speaking, this is when it makes the workplace feel hostile toward the recipient that can end up interfering with their working conditions. There are anti-discrimination laws that prohibit harassment of employees, including those who have made or filed complaints against someone for harassing behavior toward them so that the person cannot retaliate for their complaint.Annoyances, isolated incidents and petty slights, unless they are extremely serious, are not considered harassment and are not illegal. For the action to be illegal, it must contribute to making the work environment one that is considered objectively hostile, offensive or intimidating to a regular employee. This is important, because the test is not whether you believe the activity is harassing, but whether a person in your position, would find the conduct harassing. If an objective person would not believe being shown one nude picture is harassing, a court or jury likely will not find that harassing either.
You are on this website for one of three reasons:
- 1. You have been fired or will be fired and you are trying to find out information about what your rights are and what to do;
- 2. Something is happening in the workplace- either discrimination, or sexual harassment, or retaliation, and you are not sure what to do or how to protect yourself; and/or
- 3. You simply want to learn what your rights are in the workplace so that you can avoid being in a bad situation in the future.
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What constitutes harassment at work?
In general, offensive conduct includes racial slurs, physical assaults or threats, ridicule, insults, offensive jokes, objects and images and name calling that results in the interference of another person’s performance of their jobs in the workplace. The harasser can be any number of people, from the victim’s boss or direct supervisor, a coworker, supervisor in another department, an agent of the organization or even someone who is not an employee. Victims can include not only the person being directly harassed but someone who is in the vicinity who finds the behavior offensive.
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