Workplace Harassment: When to Seek Legal Representation
If you’ve ever wondered whether workplace harassment is illegal, the answer is yes. Harassment in the workplace is illegal federally and by state in the U.S. A workplace with harassment is not good for employees or the organization alike. It creates an uncomfortable and unsafe work environment for the staff and employees are protected against it by different laws. These may vary depending on the type or nature of harassment and where they work and who they work for.
The trusted attorneys at Sutton & Lovette Law Offices are here to help our clients when they find themselves in these situations. In cases involving harassment or threats outside of family or domestic contexts, we help petition or defend against civil protection orders to ensure safety and compliance. Keep reading this week’s blog to find out more about workplace harassment in Pennsylvania and how to combat it.
When Does it Become Illegal?
While Workplace Harassment is illegal, there are certain criteria it must meet before becoming so. These criteria are set in Title VII of the Civil Rights Act of 1964 where harassment is prohibited based on characteristics of race, gender, religion, age, disability, sexual orientation, etc. More specifically than that, harassment becomes unlawful if and when it…
Is a condition of continued employment: An employee must endure harassment because they are or they fear they will be punished for rejecting it.
Creates a hostile and unsafe work environment: Must cause a reasonable person to feel threatened or intimidated.
Leads to tangible consequences for the employee: Leads to significant changes in employment status (employer can be held completely liable in this case).
Types of Harassment in the Workplace
Workplace harassment can come in many different shapes and sizes. There are some that are more common than others, but no matter what they remain illegal. Some of the most reported types include:
Discriminatory Harassment: Occurs when an employee is harassed because they are a member of a certain race, gender, religion, age, disability, or sexual orientation. This includes hiring decisions, layoffs, promotions, and other decisions directly related to employment status.
Hostile Work Environment Harassment: Involves unwelcome conduct from someone that creates an unsafe work environment. Includes offensive jokes, physical bullying, degrading remarks, and anything else that alters a work environment to become hostile.
Sexual Harassment: Includes behavior like unwanted sexual advances, inappropriate comments and touching, offering employees benefits in exchange for sexual favors, and behaviors that create an uncomfortable environment for the victim.
Physical Harassment: Involves physical violence or threats of harm, attacking someone because of their class status, and destroying personal property.
Retaliation: Occurs when an employer punishes their employee for reporting harassment they’ve experienced or reporting it to the authorities. If an employee decides to fire a harassment claim and then gets fired or demoted for it, that action would be illegal retaliation.
How to Determine When to Take Legal Action
In these cases, it is important to understand that not all conflicts or issues in the workplace qualify as illegal harassment. A single comment or something that happens once may not meet the correct criteria to qualify as illegal in Pennsylvania. When something is repeated and severe, it crosses the line into affecting job performance or altering the work environment, it becomes illegal harassment. Below are some key factors to take note of when considering taking legal action:
Frequency: regular and incessant behavior
Severity: a hostile and intimidating environment has been fostered
Influence: employees are unable to do their jobs as they once were before the incidents
What to Do in These Situations
If you are experiencing workplace harassment of any kind, you have rights and the law behind you. The first thing you should do in these cases is document the behavior and take it to the HR department at your workplace. If the issue is not addressed and handled as it should be, it is time to contact an attorney that can handle your case. Experienced lawyers can advise you on the best thing to do in your situation and how to move forward.
According to the United States EEOC (Equal Employment Opportunity Commission), behavior is illegal if the employer creates a work environment that is intimidating, hostile, or offensive to a reasonable individual. Pennsylvania, among other states, requires you to be able to prove that the actions of your employer are discriminatory toward your protected class. It can be confusing and difficult to distinguish between an unfavorable workplace and an illegal one. The best way to determine the difference between the two is to talk to an attorney that can let you know whether you have a strong case or not.
Sutton & Lovette Law Offices Can Help You
If you are experiencing harassment in the workplace and your employer is not taking care of the problem as they should be, the trusted attorneys at Sutton & Lovette are here to help. We want to represent you in your case, no matter what your situation may look like. We strive to provide a level playing field for employees against their employers. If you are in Pennsylvania and are facing any type of harassment at work, contact us today at (814) 471-7702. We are here to help you understand your rights and protect you from facing any more dangerous situations in the future.
