3.2 Other forms of harassment (racial, religious, etc.)

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

• Racial harassment 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 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 race or color
• Can be severe or pervasive enough to create a hostile work environment 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 Equal Employment Opportunity Commission (EEOC) 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

• Religious harassment 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

• 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

• 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 Americans with Disabilities Act (ADA) 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

• 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 Immigration Reform and Control Act (IRCA) 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

• 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

• 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 protected activity, 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

Reporting harassment

• Employees who experience harassment should report