Labor Laws

Understanding Harassment

Harassment can be classified as behavior in the workplace that is offensive, humiliating, or intimidating. It usually makes its victims fell extremely uncomfortable and even compromises their safety. Abuse of power is often the culprit. Relationships based on power could be:

• Position of authority (i.e. supervisor and subordinate)
• Cultural difference (i.e. Caucasian person over a person of color) or
• Number (i.e. greater population of men than women in workplace)

Sometimes in authoritative relationships, the person being victimized is afraid to tell the person in power to stop in fear that they will continue to be singled out or even worse, fired. Administrative figures should encourage staff to be open about their feelings.

Harassment is typically a series of repeated acts. However, some behavior is considered so offensive that it may constitute harassment if only done one time.

A number of harassment cases violate state and federal anti-discrimination laws. These occur as a result of someone's:

• sex
• race
• religion
• sexual preference
• age
• Disability (i.e. physical, intellectual, psychiatric, disease)
• Transgender identity
• Marital status

Harassment is not always done intentionally. Acts that are perceived as innocent or humorous to one person may take on an entirely different meaning to someone else. If you're unsure whether you are going to offend someone, consider asking before you act. If you do accidentally offend someone, apologize and cease all offensive behavior immediately.

There are three forms of harassment including verbal, nonverbal, and physical. Here are some of the more common examples:

Verbal Harassment

• Sexual or suggestive comments
• poking fun at someone
• mitating the way someone speaks
• Sexual propositions
• Obscene telephone calls or broadcasts over the two-way radio
• Offensive jokes
• Repeatedly prodding about someone's personal life
• Threats or insults
• Inappropriate language in the workplace

Nonverbal Harassment

• Hanging material on the wall that is offensive or contains sexual innuendos
• Suggestive gazes or sneers
Practical jokes
• Impersonating someone with a disability
• Following someone
• Sabotaging someone's work by denying them access to information
• Offensive bodily gestures
• Encouraging a coworker to speak crassly about or harass someone in the office
• Mandating that women perform domestic tasks around office (i.e. cleaning up after meetings)

Physical Harassment

• Gratuitous physical contact against someone's will (i.e. pinching, brushing up against , hugging)
• Sexual assault (i.e. attempting to touch someone's breasts or genitals)
• Pushing, shoving, or jostling
• Placing your hand or object into someone's pocket

Some behaviors at the workplace seem as if they could qualify as harassment, but in some cases they don't. When there is mutual consent on the part of two adults, and the behavior is not offending any of their coworkers, it is acceptable. For example, when a supervisor conducts a performance evaluation with a subordinate, it is not viewed as harassment unless the feedback is not truthful or inappropriate behavior occurs during the assessment.

If you believe you are a victim of harassment, take these steps to resolve the problem:

1. Ask the person to stop, and let them know that their actions are making you uncomfortable and violate the code of conduct.
2. Keep detailed documentation of all events that you deem as harassment.
3. If the behavior does not end, notify your supervisor and begin the grievance process outlined in your employee handbook.

If possible, harassment complaints should be dealt with locally. Employees can report harassment to:

• Supervisor
• Manager
• Other grievance handler (i.e. human resources manager) Union
• Anti-Discrimination Board

Management is responsible for making sure the alleged harassment victim and any witness do not experience backlash in response to coming forward.

Remember that in order to have a case, you will need to have documented the events that occurred almost as if you are writing an entry in a diary. These notes should mention:

• What happened
• When it happened
• Who was involved
• Where it happened
• Witnesses
• How you initially reacted

Also, hang onto any material that you feel is part of the harassment. This will help jog your memory if you choose to file a complaint.

If the harassment turns out to be factual, disciplinary action could be taken depending on the severity. Punishment could be as simple as an apology or as serious as termination.