Workplace harassment is a pervasive problem that never will go away. The U.S. Equal Employment says workplace harassment is any form of “unwelcome conduct that is based on race, religion, or sex. Workplace harassment also could be based on sexual orientation, gender identity, age, national origin, or disability.
When the harassment creates a hostile work environment or becomes a condition of employment, the harassment is unlawful. Employment law attorney Jay Stuart Rothman discusses how workplace harassment generally occurs in one or more of the following three ways.
Verbal or Written Harassment
Rothman says telling offhand jokes that offend coworkers, sending emails or messages that contain offensive content, or any other type of verbal or written communication that offends could rise to the level of workplace harassment.
The workers who are offended or harassed by the content should save copies of offending written harassment and, when possible, either keep a written log of the harassing verbalizations or obtain witnesses of them.
Physical Harassment
Physical harassment generally refers to unwanted touching or contact done by a coworker, supervisor, or business owner. The harassment might be sexual in nature or just plain offensive due to a multitude of potential reasons.
Jay Rothman notes that sexual harassment often includes physical harassment and creates a truly hostile work environment. Yet, physical harassment might have other underlying causes, including racial, sexual identity, or other factors that trigger the harassing contact.
Visual Harassment
Photographs, drawings, videos, and other types of visual content can be very harassing and create an exceptionally hostile work environment for targeted workers. Even hand gestures could rise to the level of visual harassment. Witnesses, photographs, and video footage are the best evidence of visual harassment.
How to Fight Workplace Harassment
Ultimately, the only thing that employees can do when they experience workplace harassment is to recognize it, report it, and possibly retain an attorney to fight it in court when necessary. The federal government and most states have laws against workplace harassment.
Los Angeles Attorney Jay Rothman says the first step in fighting harassment is to report it to a supervisor or business owner. After all, they cannot correct a situation if they do not know it exists.
If the matter continues after reporting it to a supervisor or employer, the next step would be to file a complaint with the Department of Fair Employment and Housing (DFEH). The DFEH will investigate it and determine whether or not the matter rises to the level of workplace harassment.
When the DFEH determines harassment does exist, you have the right to sue your employer and any relevant individuals or third parties in federal court. You also might have cause to file a lawsuit in a respective state court.
