How to Deal with Workplace Harassment & Bullying

Workplace harassment and bullying are problematic issues that impact the well-being, work performance, and overall quality of life of employees that are impacted. These forms of misconduct are more prevalent than many realize, with studies indicating that over a quarter of office workers in the US have experienced such treatment during their careers. Harassment in the workplace can take many shapes and appear as undeserved critique from management, ostracization by coworkers, or persistent degrading actions by other coworkers. Recognizing and effectively addressing these issues is crucial for maintaining a healthy work environment. This article provides comprehensive guidance on how to deal with workplace harassment and bullying by offering insights into identifying, reporting, and resolving these challenging situations to create a more positive and productive workplace for all.

 

What Constitutes Workplace Harassment?

Workplace harassment encompasses a range of unwelcome and offensive behaviors that create a hostile, intimidating, or abusive work environment. It is typically characterized by conduct that targets an individual based on protected characteristics such as race, color, national origin, sex, religion, disability, age, or genetic information. The United Nations broadly defines harassment as any improper conduct that could reasonably be expected to cause distress, humiliation, or intimidation to another person. When it occurs in the workplace, it can manifest in various forms including verbal abuse, derogatory jokes, ethnic slurs, unwanted sexual advances, offensive gestures, or the display of inappropriate materials. Importantly, harassment becomes unlawful when enduring such conduct becomes a condition of continued employment or when it is severe or pervasive enough to create an environment that a reasonable person would consider hostile.

 

Is All Workplace Harassment Illegal?

Not all forms of workplace harassment are illegal under current employment laws. While forms of harassment that target protected characteristics are indeed unlawful, some other behaviors may fall into a gray area. For harassment to be considered illegal, it must generally meet the specific criteria of being severe or pervasive. Isolated incidents or minor annoyances, while unprofessional, may not necessarily reach the legal threshold of unlawful harassment. However, it’s important to note that even if a particular behavior doesn’t meet the legal definition of harassment, it can still be detrimental to workplace morale and productivity. Employers often have policies that prohibit a broader range of harassing behaviors than what is strictly illegal. Therefore, employees are encouraged to report any concerning conduct to their supervisors or HR departments, regardless of its perceived severity or frequency, to document inappropriate behavior and maintain a respectful and professional work environment.

 

Does Harassment Have to Occur at Work to be Considered Workplace Harassment?

The scope of what constitutes workplace harassment extends beyond the traditional work environment and can include incidents that occur in various work related contexts. This means that harassing behavior can be considered workplace harassment even if it takes place outside of regular work hours or off company premises. For instance, harassment that occurs during business trips, work sponsored social events, after hours gatherings with colleagues, or even through digital communications such as emails, text messages, or social media interactions can all fall under the umbrella of workplace harassment if they involve coworkers or supervisors and impact the work environment. The essential element is the link to employment, rather than the specific physical setting in which the harassment takes place. This broader interpretation ensures that employees are protected from harassment in all work related situations regardless of where the harassment may have occurred.

 

What Should You Do if Harassed at Work?

If you experience harassment at work, follow these steps to address the situation effectively:

• Document incidents: Keep a detailed record of all harassing events, including dates, times, locations, and witnesses. Save any relevant emails, messages, or other evidence that supports your case.
• Review internal guidelines: Get familiar with your company’s anti-harassment protocols and complaint procedures. This knowledge will guide you through the proper channels for addressing the issue.
• Confront the harasser (if safe): If you feel comfortable, clearly and calmly communicate to the harasser that their behavior is unwelcome and must stop. This direct approach may resolve the issue if the person is unaware of the impact of their actions.
• Report to management or HR: If the harassment continues or you’re uncomfortable confronting the harasser, inform your supervisor or HR representative. Provide them with your documented evidence and follow the company’s reporting process.
• Seek support: Reach out to trusted colleagues, friends, or professional counselors for emotional support and guidance. Dealing with harassment can be stressful, and having a support system is crucial.
• Follow up: If your initial report doesn’t lead to resolution, escalate the issue to higher management or consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC).
• Consider legal advice: In severe cases or if your employer fails to address the situation adequately, consult with an employment attorney to understand your rights and explore potential legal actions.

Remember, you have the right to a safe and respectful work environment, and taking these steps can help protect your well-being and professional interests.

 

What You Shouldn’t Do When Dealing with Workplace Harassment

When dealing with workplace harassment, it’s important to avoid certain actions that could potentially worsen the situation or compromise your position. Here are some key things you shouldn’t do:

• Don’t retaliate: Responding to harassment with aggressive or vindictive behavior can escalate the situation and complicate matters. Instead, follow proper reporting procedures and allow HR professionals to handle the issue.
• Avoid gossiping with colleagues: Discussing harassment with co-workers may seem tempting, but it can lead to misinformation and potentially damage your case. Your colleagues may have different relationships with the harasser and might not be reliable allies in this situation.
• Don’t stay silent: Keeping quiet about harassment will not make it disappear. Always report incidents of harassment to ensure they are properly addressed and to prevent future occurrences.
• Refrain from confronting the harasser aggressively: While it’s important to communicate that the behavior is unwelcome, avoid aggressive confrontations that could be perceived as threatening or unprofessional.
• Don’t delay reporting: Promptly report harassment incidents to maintain the integrity of your case and allow for timely intervention by your employer.
• Avoid destroying evidence: Keep all relevant communications, documents, or other proof of harassment, as these may be crucial for investigation and resolution.
• Don’t ignore company policies: Familiarize yourself with and follow your organization’s harassment reporting procedures to ensure your complaint is handled properly.

 

What Can I Do if I Witness Workplace Harassment?

If you witness workplace harassment, it’s important to take action rather than remain a passive bystander. First, if you feel safe doing so, speak up in the moment to discourage the harassing behavior. You can firmly state that the conduct is inappropriate and must stop. Document what you’ve observed, including dates, times, locations, and any other witnesses present. Report the incident to your supervisor or HR department by following your company’s established procedures for reporting harassment. Offer support to the victim and let them know you’re willing to corroborate their experience if they choose to report it. If the harassment is severe or if you feel your employer isn’t addressing the issue adequately, consider reaching out to external resources such as the Equal Employment Opportunity Commission (EEOC) for guidance. Remember, by taking action, you’re not only helping the current victim but also contributing to a safer and more respectful work environment for everyone.

 

How to Report Unlawful Workplace Harassment

Taking formal action against unlawful workplace harassment is a vital step in confronting and resolving the problem. Begin by familiarizing yourself with your company’s harassment reporting procedures, which are typically outlined in employee handbooks or HR policies. Document all incidents of harassment, including dates, times, locations, and any witnesses present. When you’re ready to report, schedule a meeting with your immediate supervisor or HR representative, whichever is more appropriate given your situation. During this meeting, present your documented evidence and clearly explain the harassment you’ve experienced or witnessed. If you’re uncomfortable reporting within your organization or if internal channels prove ineffective, you have the option to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Be aware that there are specific time limits for filing with the EEOC, typically 180 or 300 days depending on your location, so it’s important to act promptly. The EEOC can provide confidential consultations to discuss your situation and explore your options. Remember, reporting harassment not only protects you but also helps create a safer workplace for all employees.

 

Why Reporting Workplace Harassment is Important

Reporting workplace harassment is a critical step in maintaining a safe and respectful work environment. By coming forward with your experiences, you not only address your own situation but potentially protect others who may be suffering in silence. Your report could be the catalyst that brings attention to a larger issue within the organization, especially if the harasser has targeted multiple individuals. Even if you’re the first to report, your action may embolden others to speak up about their own experiences. Furthermore, reporting harassment allows your employer to take necessary corrective measures and fulfill their legal and ethical obligations to provide a harassment free workplace. It also sends a clear message that such behavior is unacceptable and will not be tolerated, which will potentially deter future incidents. Remember, most organizations have established procedures for reporting harassment that are typically outlined in employee handbooks or available through HR departments. By utilizing these channels, you contribute to fostering a culture of accountability and respect in your workplace.

 

What Happens During a Workplace Harassment Investigation?

When a workplace harassment complaint is filed, it triggers a formal investigation process designed to uncover the facts and determine appropriate action. Typically, the investigation begins with HR or a designated investigator interviewing the complainant to gather detailed information about the alleged incidents. The accused party is then informed of the allegations and given an opportunity to respond. Witnesses may be interviewed to corroborate statements or provide additional context. Throughout this process, confidentiality is maintained to the extent possible to protect all parties involved. The investigator will review any available evidence, such as emails, security footage, or documented incidents. They will assess the severity and pervasiveness of the alleged behavior while considering the specific context in which it occurred. It’s important to note that each case is evaluated individually, as the determination of whether harassment meets the legal threshold depends on the unique circumstances of the situation. Once all information is gathered, the investigator will compile a report of their findings and recommend appropriate action, which could range from additional training to disciplinary measures or termination.

 

How to Recognize Workplace Harassment & Bullying

Recognizing workplace harassment and bullying requires vigilance and awareness of both overt and subtle behaviors that create a hostile work environment. These negative actions can manifest in various forms including face to face interactions, digital communications, or even through deliberate exclusion from work related activities. It’s important to understand that bullying and harassment can occur across all levels of an organization and may not always be immediately obvious to those not directly involved.

 

Types of Workplace Harassment

Workplace harassment can manifest in various forms, each with its own distinct characteristics and impacts. Understanding these different types is crucial for identifying and addressing harmful behavior in the workplace:

• Verbal Harassment: This type involves the use of spoken or written words to offend, demean, or intimidate. Such behavior may encompass offensive remarks, verbal abuse, inappropriate humor, or recurring unwelcome comments. Verbal harassment can create a toxic work environment and significantly impact an employee’s mental well-being and job performance.
• Physical Harassment: Ranging from unwanted touching to more severe forms of physical aggression, this type includes invasion of personal space, intimidating gestures, or even physical assault. Physical harassment can cause immediate distress and long-lasting trauma while making the workplace feel unsafe for the victim.
• Psychological Harassment: Also known as emotional abuse, this subtle yet damaging form of harassment involves tactics designed to undermine an individual’s self-esteem and mental health. It may include isolation, excessive criticism, withholding necessary information, or setting unrealistic demands. The cumulative effect can lead to stress, anxiety, and decreased job satisfaction.
• Digital Harassment: With the increasing integration of technology in the workplace, this form of harassment has become more prevalent. It includes cyberbullying, sending inappropriate messages or images, creating fake online profiles to mock colleagues, or making false allegations on digital platforms. The persistent nature of digital content can make this form of harassment particularly distressing.
• Sexual Harassment: This encompasses sexual advances that are not welcome, sexual requests, or other sexual conduct that is inappropriate for work. It can create a hostile work environment and may lead to adverse employment decisions if the victim rejects these advances. Sexual harassment can be subtle or overt and affects individuals regardless of gender.

 

Examples of Workplace Harassment

Workplace harassment behavior can include subtle actions that can be difficult to prove to explicit displays of aggression. These behaviors can create a hostile work environment and negatively impact an employee’s well-being and job performance. Some common examples include:

• Persistent unwelcome comments or jokes about an individual’s appearance, race, gender, or other personal characteristics
• Deliberately excluding a colleague from important meetings or withholding crucial information necessary for their job
• Consistently assigning menial or demeaning tasks to a specific employee, particularly if these tasks are outside their job description
• Making threats about job security or hindering career advancement opportunities without valid reasons
• Engaging in unwanted physical contact like touching, patting, or blocking someone’s path
• Sending inappropriate or offensive messages or images through work communication channels like email, slack, google chat, or any other online messaging platform
• Displaying or sharing offensive materials in the workplace like explicit posters or screensavers
• Making repeated, unwelcome romantic or sexual advances towards a coworker
• Spreading false rumors or gossiping about a colleague’s personal or professional life
• Using aggressive body language, raised voices, or intimidating gestures during workplace interactions

It’s important to note that these examples are not exhaustive, and harassment can take many forms depending on the specific workplace context and individuals involved.

 

Workplace Harassment Laws

Workplace harassment laws form a crucial framework for protecting employees from harassment in the workplace. These laws operate at both federal and state levels and provide comprehensive coverage against various forms of discrimination and harassment.

• The cornerstone of federal protection is Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. This act has been expanded over time to include protections against sexual harassment and discrimination based on pregnancy, gender identity, and sexual orientation.
• The Age Discrimination in Employment Act (ADEA) is designed to prevent discrimination towards workers over the age of 40.
• The Americans with Disabilities Act (ADA) safeguards people that have physical and mental disabilities from discrimination.
• Additionally, many states have enacted their own laws that often provide broader protections or lower thresholds for legal action than federal statutes.

 

Employer’s Responsibility if You Report Workplace Harassment

When an employee reports workplace harassment, employers have specific legal and ethical responsibilities to address the situation promptly and effectively. Upon receiving a harassment complaint, the employer is obligated to conduct a thorough and impartial investigation into the allegations. This process typically involves interviewing the complainant, the accused, and any potential witnesses, while maintaining confidentiality to the extent possible. The employer must take appropriate corrective action if the investigation substantiates the harassment claim, which may include disciplinary measures against the harasser that range from warnings to termination, depending on the severity of the conduct.

Additionally, employers are responsible for implementing measures to prevent future occurrences of harassment and to protect the complainant from retaliation. This may involve providing additional training, revising policies, or restructuring work arrangements. Employers must also ensure that the reporting employee is not subjected to any adverse employment actions as a result of their complaint. Failure to adequately address harassment complaints can result in legal liability for the employer, particularly if the harassment involves a supervisor or if the employer was aware of the harassment and failed to take appropriate action. It’s crucial for employers to have clear, accessible reporting procedures and to foster a workplace culture that encourages reporting of harassment without fear of reprisal.

 

Ways Employers Can Help Address & Prevent Workplace Harassment

Employers play a crucial role in addressing and preventing workplace harassment through a multifaceted approach.

• First, they should establish and regularly update comprehensive anti-harassment policies that clearly define unacceptable behaviors and outline reporting procedures.
• Implementing mandatory, interactive training programs for all employees, with specialized sessions for managers and supervisors, can increase awareness and provide tools for preventing and addressing harassment.
• Creating a culture of respect and inclusivity can be achieved through leadership development programs that emphasize ethical behavior and conflict resolution skills.
• Organizations should implement easily accessible avenues for reporting harassment that guarantee discretion and safeguard against retaliatory actions.
• Regular workplace climate surveys can help identify potential issues before they escalate.
• Employers should promptly and thoroughly investigate all harassment complaints and take appropriate corrective action when necessary.
• Promoting work-life balance and employee well-being can reduce stress-related conflicts that may lead to harassment.
• Fostering open communication and transparency about the company’s commitment to a harassment free workplace can encourage employees to speak up and contribute to a safer, more respectful environment for all.

 

Contact Mesriani Law Group If You Are Dealing with Workplace Harassment

If you’re experiencing workplace harassment, remember that you don’t have to face this challenging situation alone. The experienced legal team at Mesriani Law Group is here to provide support, guidance, and robust representation to protect your rights and ensure a safe work environment. Our attorneys are well-versed in employment law and have a proven track record of successfully handling workplace harassment cases. We understand the emotional toll and professional impact that harassment can have on individuals, and we’re committed to fighting for your rights and helping you seek justice. Whether you need advice on how to address the situation, assistance with filing a complaint, or representation in legal proceedings, Mesriani Law Group is ready to stand by your side. Don’t let workplace harassment compromise your well-being or career. Contact Mesriani Law Group today for a confidential consultation and take the first step towards resolving your workplace harassment issue and reclaiming your peace of mind at work.

 

Dealing with Harassment at Work FAQs

What do you think is a good way to handle harassment?

A good way to handle harassment is to document all incidents thoroughly, including dates, times, and any witnesses present. It's crucial to report the harassment to your supervisor or HR department following your company's established procedures. If the issue persists or isn't adequately addressed internally, consider seeking legal advice to understand your rights and explore potential external reporting options.

How does HR handle harassment complaints?

When HR receives a harassment complaint, they typically initiate a formal investigation process which includes interviewing the complainant, the accused, and any potential witnesses while maintaining confidentiality to the extent possible. Based on the findings, HR will determine appropriate actions, which may range from disciplinary measures for the harasser to implementing new policies or training programs to prevent future incidents. Throughout this process, HR should keep the complainant informed of the progress and take measures to protect them from retaliation.

How to fight against harassment?

To fight against harassment, start by clearly documenting all incidents and reporting them through proper channels, such as your supervisor or HR department. Familiarize yourself with your company's anti-harassment policies and your legal rights, and don't hesitate to seek support from colleagues or external resources like employee assistance programs or legal counsel. If internal measures prove ineffective, consider filing a complaint with relevant government agencies or pursuing legal action to protect your rights and contribute to a safer workplace for all.

What 3 factors determine workplace harassment?

Three key factors that determine workplace harassment are the nature of the conduct, its severity or pervasiveness, and the impact on the work environment. The behavior must be unwelcome and based on a protected characteristic such as race, gender, or age. Additionally, it must be either severe enough to create a hostile work environment from a single incident or pervasive enough to alter the conditions of the victim's employment over time.