Workplace Harassment
Workplace harassment covers a variety of offensive conduct including physical assault, threats of violence and inappropriate sexual advances. While the law does not cover all forms of harassment, it does protect workers from workplace bullying, discrimination, and retaliation. Harassment may be perpetrated by coworkers, supervisors, managers or even by customers and clients outside of the company. The law defines harassment as behavior that is either unwelcome or offensive, creates an intimidating or hostile environment or otherwise interferes with a persons ability to perform his or her job.
workplace harassment lawyer is an actionable offense under state and federal laws. However, in order for the behavior to be illegal, it must meet a threshold of severe and pervasiveness, or occur in a way that creates an ongoing pattern of harassment. A single isolated incident might not meet these standards, but one coworker repeatedly hitting a female employee in the face might.
If a coworker is exhibiting this type of behavior, it is essential to document the incidents in detail. This includes dates, times, locations, what was said or done, and names of witnesses. Also preserve emails, texts and other written evidence. Documentation of the incidents can help a worker prove that the harassing behavior meets the legal definition of harassment and that it has affected his or her work performance.
Is Workplace Harassment Covered Under Employment Law?
When a coworker or employee believes that he or she is being harassed, the first step is to report it to someone in management. This should be done through established channels (as outlined in the company’s employee handbook).
Employers can be held liable for workplace harassment help when they know or should have known that it was occurring and did not take prompt remedial action. In addition, if the harassment is from a superior or manager and involves a “tangible job action” such as a demotion, pay cut, firing, failure to promote or loss of a raise, an employer can be held liable for the retaliation.
If the harassing behavior is a violation of state or federal law, an employee may file a complaint with an agency, such as the New York State Division of Human Resources or the Equal Employment Opportunity Commission. This can be done confidentially and without the interference of the accused person. An attorney can review the circumstances and determine the best course of action.
It is important for business owners and managers to establish a strong policy that explicitly prohibits harassment. They should also train employees on the policy and explain what the disciplinary actions will be. Posting the policy in a visible location can further communicate the companies strong stance on this issue. Retaliation after a complainant files a complaint is illegal and must be investigated as soon as possible. If you suspect that you have been a victim of retaliation, it is critical to contact an experienced attorney immediately. Retaliation claims are a separate claim from harassment and require the expertise of a skilled lawyer to investigate and prosecute.