No one wants to look forward to a miserable time at work day after day. Workplaces can be hostile and unwelcoming for a number of reasons. But not every bad work experience amounts to harassment or a discrimination complaint with the Equal Employment Opportunity Commission (EEOC).

In this blog, I will go through some of the most common questions about workplace harassment. I will explain what it takes for harassment to create a cause of action under the federal law, and how an employment attorney can help with these common workplace problems.

What is Harassment?

In everyday life, harassment can mean a lot of different things. But when it comes to a federal legal claim, harassment is unwelcome conduct based on a protected characteristic that either (1) is a condition of employment; or (2) creates hostile work environment. In either case, the conduct must be ongoing. Except in very rare cases, a single action will not be enough to create a legal claim under the federal law.

Harassment is covered by several different federal anti-discrimination statutes. Taken together, the law prohibits discrimination based on for discrimination based on race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information. It is also illegal to harass a person in retaliation for their involvement in a discrimination charge. A person can file a federal claim against his or her employer for harassment under these statutes:

• Title VII of the Civil Rights Act of 1964;
• The Age Discrimination in Employment Act of 1967; and
• The Americans with Disabilities Act of 1990.

The New York City Human Rights Law has a different standard. Under that law, discriminatory harassment or violence includes conduct motivated by race, color, creed, national origin, gender (including gender-identity), sexual orientation, age, marital or partnership status, family status, disability, alienage, or citizenship status and is against the Human Rights Law. It could include patterns of verbal threats, use of force, intimidation, coercion, damaging a person’s property, or cyber-bulling.

Harassment could take the form of offensive jokes, slurs, name calling, intimidation, insults, threats, physical assaults, unwanted physical touching (even “accidental”) or interference with your work. What harassment looks like will be different in each workplace, and often depends on your industry, type of job, and workplace culture. Just because you work in a relaxed atmosphere doesn’t mean you should have to tolerate harassment. But what is hostile enough to amount to discrimination will depend on how a reasonable person would react in the same situation.

Based on this definition, let’s look at some common problems to see what is considered harassment at work under federal law.

Is it sexual harassment if my co-worker asks what I am wearing?

Simply asking what a person is wearing, or asking him or her to comply with an established dress code is not sexual harassment. However, if an employer, supervisor, or co-worker insists you wear revealing clothing or repeatedly makes offensive comments about your choice of dress, it may be harassment under federal law. For example, if your fellow employee tells you, “I like that shirt” it is probably not harassment. However, if your supervisor regularly says, “I would like it if you wore that low-cut shirt,” it might be.

Is it harassment if my boss lies and blames me?

It can be tough to take the blame when things go wrong in the office. While it may be against policy and morally wrong for your boss to lie and blame you, without more, it will seldom be considered illegal harassment or be prohibited by federal law. What turns that lie into harassment is the motive behind it. If your boss’s lies are based on a protected characteristic or in retaliation for your participation in a discrimination claim, that will trigger the anti-harassment provisions of U.S. civil rights law.

Is it harassment if your manager singles you out at work?

Being harassed by your boss can make every day difficult. If your manager singles you out or holds you to a different standard it is often a sign of harassment. Whether it is enough to bring a federal legal claim will depend on whether your supervisor’s activity creates a course of conduct or was simply an isolated incident. Just because your boss has embarrassed you in front of your coworkers doesn’t mean you have a claim. If, however, you are consistently held to a different standard, or called out for your errors, it could be a form of discrimination. Just like when your boss lies, whether it is harassment when your manager singles you out depends on why you are being targeted.

How can I prove what my boss did was harassment?

It can be difficult to prove why you are being harassed by your manager. Sometimes, the motive behind harassment is obvious. For example, when your co-workers use racial slurs or tell derogatory jokes, the proof of the discrimination is right there in the words used. Other times, the reason why you have been blamed or targeted for harassment may be harder to show to a federal administrative law judge who isn’t familiar with your workplace. In those cases, you will need an employment attorney to help you investigate trends, review documents, and interview witnesses in your workplace to develop the case for illegal discrimination.

What can I do if I am being harassed at work?

If you believe that you are being harassed at work, the first step is to report it. If your office has an internal complaint system, use it. Remember that retaliation is illegal as well, so you are protected if your manager decides to use your complaint against you.

If your employer does not respond to your concerns, you may need to take the case to the next level. The experienced employment discrimination attorneys at Eisenberg & Baum will help you decide if what happened to you is a type of harassment prohibited by federal or local law. If it is, they will help you file a claim with the EEOC or a lawsuit in court to get you fair treatment in the workplace. If you feel like your employer is harassing you, contact us. We’ll meet with you and help you identify your claims and protect your rights.