Employment Blog

Do I need to report harassment when it happens?

Generally, failing to report such harassment may seriously impair an employee’s ability to pursue legal action against an employer. The U.S. Supreme Court has ruled that a defendant can have an affirmative defense against a harassment claim if an employee...

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Can I be punished or fired for reporting harassment?

Many employees who fail to report harassment fear they will lose their job, they won’t be taken seriously, they will be blamed, or some form of retaliation. Harassment victims need to choose to either continue to tolerate the situation or...

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Can I stop the harassment without hiring a lawyer?

It depends on your employer. If you feel you are being harassed, one way to try to resolve the problem is to tell the harasser to stop. If you are uncomfortable confronting the harasser, you should not endure harassment or...

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What doesn’t count as hostile environment harassment?

Anti-discrimination laws are not a civility code. These laws do not prohibit simple teasing, offhand comments or isolated incidents that are not serious. Instead, the conduct must be so objectively offensive as to change the conditions of the person’s employment...

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Does my boss need to be harassing me specifically for it to count?

Harassment need not committed by an employee’s supervisor or a member of management to be illegal. In addition to actions and conduct by management, a co-worker or non-employee (such as a contractor, vendor or guest) could potentially create a hostile...

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What are some examples of hostile environment harassment?

Actions and words that may create sexual hostile environment harassment are only limited by the sick imagination of the harasser, including: Staring in a sexually suggestive manner, Making offensive remarks about looks, clothing or the employee’s body, Inappropriate physical touching...

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What counts as harassment?

The unlawful harassing conduct must be unwelcome and based on the victim’s protected basis. The conduct must be: Subjectively abusive to the person affected, and Objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or...

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Does only sexual harassment count for creating a hostile work environment?

No, the harassment protections include unwelcome verbal or physical conduct based on the employee’s protected basis, such as the person’s, Race, Color, Religion, Sex, Whether or not the harassment is of a sexual nature, and It can involve people of...

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What counts as a Hostile Working Environment?

Hostile work environment harassment refers to an unstable or dangerous workplace created when an employee suffers repeated workplace harassment. The harassing conduct unreasonably interferes with the victim’s work performance or creates what a reasonable person would find an objectively hostile or...

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