3.2 Other forms of harassment (racial, religious, etc.)
13 min read•august 20, 2024
Workplace harassment extends beyond sexual misconduct, encompassing discrimination based on race, religion, age, disability, and more. These forms of harassment create hostile work environments and violate federal laws like Title VII and the ADA.
Employers must prevent all types of harassment through clear policies, training, and prompt investigations. Victims have legal protections and may seek remedies like damages or reinstatement. Understanding these issues is crucial for maintaining fair, respectful workplaces.
Racial harassment in the workplace
involves unwelcome conduct or comments based on an individual's race or color that creates a hostile, intimidating, or offensive work environment
Racial harassment can include racial slurs, offensive jokes, derogatory comments, or displaying racist symbols or images in the workplace
Defining racial harassment
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Racial harassment is a form of discrimination that violates of 1964
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race or color
Can be severe or pervasive enough to create a or result in an adverse employment decision (firing, demotion, etc.)
Examples include using racial epithets, making offensive comments about a person's race, or displaying racist symbols like swastikas or nooses
Legal protections against racial harassment
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin
Applies to employers with 15 or more employees, including federal, state, and local governments, employment agencies, and labor organizations
The enforces Title VII and investigates complaints of racial harassment in the workplace
Many states also have their own anti-discrimination laws that may provide additional protections
Employer liability for racial harassment
Employers are liable for racial harassment by supervisors that results in a negative employment action such as termination, failure to promote, or loss of wages
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees over whom they have control (e.g., independent contractors or customers) if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing racial harassment
Employers should have a clear anti-harassment policy that prohibits racial harassment and provides a procedure for reporting and investigating complaints
Employers should provide regular training to all employees on the policy and how to recognize and report harassment
Supervisors and managers should be trained on how to prevent, recognize, and respond to harassment complaints
Employers should take all complaints of racial harassment seriously, investigate them promptly and thoroughly, and take appropriate corrective action to stop the harassment and prevent it from recurring
Religious harassment in the workplace
involves unwelcome conduct or comments based on an individual's religion that creates a hostile, intimidating, or offensive work environment
Can include offensive remarks about a person's religious beliefs or practices, pressure to convert to a certain religion, or adverse treatment because of religious beliefs
Defining religious harassment
Religious harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their religion
Can be severe or pervasive enough to create a hostile work environment or result in an adverse employment decision
Examples include offensive jokes about a particular religion, proselytizing or pressuring employees to convert, or refusing to accommodate an employee's religious practices
Legal protections against religious harassment
Title VII prohibits discrimination based on religion, which includes religious harassment
Employers must reasonably accommodate an employee's sincerely held religious practices unless doing so would impose an undue hardship on the business
Accommodations may include allowing time off for religious observances, modifying work schedules, or allowing religious dress or grooming practices
Employers cannot retaliate against an employee for requesting a religious accommodation or complaining about religious harassment
Employer liability for religious harassment
Employers are liable for religious harassment by supervisors that results in a negative employment action
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing religious harassment
Employers should have a clear policy prohibiting religious harassment and providing a procedure for reporting and investigating complaints
Managers should be trained on how to handle requests for religious accommodations and how to prevent and respond to religious harassment
Employers should foster a culture of respect and inclusivity for all religious beliefs and practices
Employers should take all complaints of religious harassment seriously, investigate them promptly, and take appropriate corrective action to stop the harassment and prevent it from recurring
Age-based harassment
involves unwelcome conduct or comments based on an individual's age that creates a hostile, intimidating, or offensive work environment
Can include offensive jokes about someone's age, derogatory age-related comments, or adverse treatment because of age
Defining age-based harassment
Age-based harassment is a form of discrimination that violates the Age Discrimination in Employment Act (ADEA)
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their age
Can be severe or pervasive enough to create a hostile work environment or result in an adverse employment decision
Examples include calling an older worker "grandpa" or "old man," making jokes about memory loss or physical decline, or excluding older workers from meetings or opportunities
Legal protections against age-based harassment
The ADEA prohibits employment discrimination against individuals who are 40 years of age or older
Protects both employees and job applicants from discrimination based on age in hiring, promotion, discharge, compensation, or terms and conditions of employment
Employers cannot retaliate against an employee for complaining about age discrimination or participating in an ADEA proceeding
Employer liability for age-based harassment
Employers are liable for age-based harassment by supervisors that results in a negative employment action
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing age-based harassment
Employers should have a clear policy prohibiting age-based harassment and providing a procedure for reporting and investigating complaints
Managers should be trained on how to prevent and respond to age-based harassment
Employers should foster a culture of respect and inclusivity for all ages in the workplace
Employers should take all complaints of age-based harassment seriously, investigate them promptly, and take appropriate corrective action to stop the harassment and prevent it from recurring
Disability-based harassment
involves unwelcome conduct or comments based on an individual's disability that creates a hostile, intimidating, or offensive work environment
Can include offensive jokes or comments about a person's disability, refusal to provide reasonable accommodations, or adverse treatment because of a disability
Defining disability-based harassment
Disability-based harassment is a form of discrimination that violates the and the Rehabilitation Act
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their disability
Can be severe or pervasive enough to create a hostile work environment or result in an adverse employment decision
Examples include mocking a person's disability, using derogatory terms like "cripple" or "retard," or intentionally excluding someone from work events because of their disability
Legal protections against disability-based harassment
The ADA and Rehabilitation Act prohibit discrimination against qualified individuals with disabilities in employment
Employers must provide reasonable accommodations to employees with disabilities unless doing so would impose an undue hardship on the business
Accommodations may include modifying work schedules, providing assistive technology, or modifying the work environment
Employers cannot retaliate against an employee for requesting an accommodation or complaining about disability-based harassment
Employer liability for disability-based harassment
Employers are liable for disability-based harassment by supervisors that results in a negative employment action
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing disability-based harassment
Employers should have a clear policy prohibiting disability-based harassment and providing a procedure for reporting and investigating complaints
Managers should be trained on how to handle requests for reasonable accommodations and how to prevent and respond to disability-based harassment
Employers should foster a culture of respect and inclusivity for individuals with disabilities
Employers should take all complaints of disability-based harassment seriously, investigate them promptly, and take appropriate corrective action to stop the harassment and prevent it from recurring
National origin harassment
involves unwelcome conduct or comments based on an individual's national origin, ethnicity, or accent that creates a hostile, intimidating, or offensive work environment
Can include offensive jokes or comments about a person's nationality, mocking someone's accent, or adverse treatment because of national origin
Defining national origin harassment
National origin harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their national origin or ethnicity
Can be severe or pervasive enough to create a hostile work environment or result in an adverse employment decision
Examples include mocking someone's accent, using ethnic slurs, or making derogatory comments about a particular country or culture
Legal protections against national origin harassment
Title VII prohibits employment discrimination based on national origin, which includes national origin harassment
The prohibits discrimination based on citizenship or immigration status
Employers cannot retaliate against an employee for complaining about national origin harassment or participating in a Title VII proceeding
Employer liability for national origin harassment
Employers are liable for national origin harassment by supervisors that results in a negative employment action
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing national origin harassment
Employers should have a clear policy prohibiting national origin harassment and providing a procedure for reporting and investigating complaints
Managers should be trained on how to prevent and respond to national origin harassment
Employers should foster a culture of respect and inclusivity for all nationalities and ethnicities in the workplace
Employers should take all complaints of national origin harassment seriously, investigate them promptly, and take appropriate corrective action to stop the harassment and prevent it from recurring
Harassment based on sexual orientation
Harassment based on sexual orientation involves unwelcome conduct or comments based on an individual's sexual orientation (gay, lesbian, bisexual, etc.) that creates a hostile, intimidating, or offensive work environment
Can include offensive jokes or comments about a person's sexual orientation, using derogatory terms like "fag" or "dyke," or adverse treatment because of sexual orientation
Defining sexual orientation harassment
is a form of discrimination based on an individual's actual or perceived sexual orientation
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their sexual orientation
Can be severe or pervasive enough to create a hostile work environment or result in an adverse employment decision
Examples include using homophobic slurs, making offensive jokes about gay or lesbian individuals, or deliberately outing someone's sexual orientation without their consent
Legal protections against sexual orientation harassment
While there is no federal law that explicitly prohibits discrimination based on sexual orientation, the Supreme Court has ruled that Title VII's prohibition on sex discrimination includes discrimination based on sexual orientation
Many states and local jurisdictions have laws that prohibit discrimination based on sexual orientation
Employers cannot retaliate against an employee for complaining about sexual orientation harassment or participating in a related proceeding
Employer liability for sexual orientation harassment
Employers are liable for sexual orientation harassment by supervisors that results in a negative employment action
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing sexual orientation harassment
Employers should have a clear policy prohibiting harassment based on sexual orientation and providing a procedure for reporting and investigating complaints
Managers should be trained on how to prevent and respond to sexual orientation harassment
Employers should foster a culture of respect and inclusivity for all sexual orientations in the workplace
Employers should take all complaints of sexual orientation harassment seriously, investigate them promptly, and take appropriate corrective action to stop the harassment and prevent it from recurring
Harassment based on gender identity
Harassment based on gender identity involves unwelcome conduct or comments based on an individual's gender identity (transgender, non-binary, etc.) that creates a hostile, intimidating, or offensive work environment
Can include offensive jokes or comments about a person's gender identity, intentionally misgendering someone, or adverse treatment because of gender identity
Defining gender identity harassment
is a form of discrimination based on an individual's actual or perceived gender identity
Involves verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their gender identity
Can be severe or pervasive enough to create a hostile work environment or result in an adverse employment decision
Examples include using transphobic slurs, intentionally misgendering a transgender colleague, or denying someone access to the restroom that corresponds with their gender identity
Legal protections against gender identity harassment
While there is no federal law that explicitly prohibits discrimination based on gender identity, the Supreme Court has ruled that Title VII's prohibition on sex discrimination includes discrimination based on gender identity
Many states and local jurisdictions have laws that prohibit discrimination based on gender identity
Employers cannot retaliate against an employee for complaining about gender identity harassment or participating in a related proceeding
Employer liability for gender identity harassment
Employers are liable for gender identity harassment by supervisors that results in a negative employment action
If the harassment does not result in a negative employment action, the employer can avoid liability by proving they reasonably tried to prevent and promptly correct the harassing behavior
Employers are liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action
Preventing gender identity harassment
Employers should have a clear policy prohibiting harassment based on gender identity and providing a procedure for reporting and investigating complaints
Managers should be trained on how to prevent and respond to gender identity harassment and how to respectfully interact with transgender and non-binary colleagues
Employers should foster a culture of respect and inclusivity for all gender identities in the workplace
Employers should take all complaints of gender identity harassment seriously, investigate them promptly, and take appropriate corrective action to stop the harassment and prevent it from recurring
Retaliation for reporting harassment
Retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in a , such as reporting harassment or participating in a harassment investigation
Retaliation can include termination, demotion, reduction in pay or hours, or other negative employment actions
Defining retaliation
Retaliation is a form of discrimination that occurs when an employer punishes an employee for engaging in a protected activity
Protected activities include reporting harassment, participating in a harassment investigation, or opposing unlawful discrimination
Adverse actions can include termination, demotion, reduction in pay or hours, denial of promotion or benefits, or other negative employment actions
To prove retaliation, an employee must show that they engaged in a protected activity, suffered an adverse employment action, and there is a causal connection between the two
Legal protections against retaliation
Title VII, the ADEA, the ADA, and other anti-discrimination laws prohibit retaliation against employees who engage in protected activities
The Equal Employment Opportunity Commission (EEOC) enforces these laws and investigates complaints of retaliation
Many states also have their own anti-retaliation laws that may provide additional protections
Employers cannot retaliate against an employee for filing a complaint with the EEOC or participating in an EEOC investigation
Employer liability for retaliation
Employers are automatically liable for retaliation by supervisors that results in a negative employment action
Employers can be liable for retaliation by non-supervisory employees if they knew or should have known about the retaliation and failed to take prompt and appropriate corrective action
Employers can avoid liability for retaliation by having a clear anti-retaliation policy, training managers and employees on the policy, and promptly investigating and addressing any complaints of retaliation
Preventing retaliation
Employers should have a clear anti-retaliation policy that prohibits retaliation and provides a procedure for reporting and investigating complaints
Managers should be trained on how to prevent and respond to retaliation and how to handle complaints of harassment or discrimination
Employers should take all complaints of harassment or discrimination seriously and investigate them promptly and thoroughly
Employers should not take any adverse action against an employee who has reported harassment or discrimination or participated in an investigation
Employers should document all complaints of harassment or discrimination and the steps taken to investigate and address them
Remedies for harassment victims
Victims of workplace harassment may be entitled to various remedies, including compensatory damages, punitive damages, reinstatement, and injunctive relief
The specific remedies available will depend on the type of harassment, the severity of the conduct, and the jurisdiction in which the case is brought