
Every workplace promises professionalism, but that’s not always the reality, and this is where Employment Lawyers can offer valuable guidance.
According to the Equal Employment Opportunity Commission (EEOC), up to 94% of employees who experience harassment never report it. Fear of retaliation, disbelief in the legal process, or enduring a hostile work environment often silences victims. But staying silent shouldn’t be your only option
From verbal abuse to discriminatory practices, harassment can create a hostile work environment and significantly impact the mental and emotional well-being of workers.
If you’re facing workplace harassment, understanding your legal rights is critical. Employment lawyers in Las Vegas weigh in on how victims can seek justice and ensure that employers comply with the law.
What Constitutes Workplace Harassment?
Workplace harassment involves unwelcome behaviors or actions that violate a person’s dignity or create an intimidating, degrading, or offensive work environment. According to workplace harassment laws, harassment may arise from:
- Unlawful behavior, including threats, physical assault, or verbal abuse.
- Unwelcome conduct targeting protected characteristics like race, gender identity, or national origin.
- Unwelcome sexual advances, requests for favors, or inappropriate comments.
- Actions leading to retaliation, wrongful discharge, or constructive dismissal.
Harassment vs. Discrimination
While the terms are often used interchangeably, there’s a distinction:
- Workplace harassment focuses on behaviors that create a hostile work environment.
- Workplace discrimination occurs when employment decisions—hiring, promotions, or overtime pay—are influenced by bias against protected characteristics.
Real-Life Examples of Workplace Harassment
- Giertsen Restoration (2022)
In a stark example of workplace harassment, the EEOC sued Giertsen Restoration in Wisconsin for fostering a racially hostile work environment. African American employees reported enduring racial slurs and derogatory remarks, with management retaliating against those who filed complaints. This case of workplace harassment resulted in a settlement of $140,000, alongside corrective actions to ensure compliance with workplace harassment laws and better protection for employees. - United Airlines (2024)
A case of harassment based on national origin unfolded at United Airlines when a Mongolian-born employee faced racial slurs and physical intimidation, including being called “chink” by a manager. The hostile work environment worsened when the company delayed its investigation into the claims, compelling the employee to resign. This highlights how a failure to ensure a supportive work environment can lead to severe legal repercussions under labor and employment law. - Rover’s Place (2022)
Rover’s Place was held accountable for creating a hostile work environment and unlawfully probing into an employee’s medical disability. The victim resigned due to unbearable conditions, and the case was settled with a $60,000 agreement. This case of workplace harassment underscores the importance of adhering to workplace harassment laws and protecting employees against unwelcome conduct that violates their legal rights.
Legal Protections Against Workplace Harassment
Title VII of the Civil Rights Act
This landmark federal law prohibits harassment or discrimination based on race, sex, national origin, color, or religion in the workplace. It requires employers to address unwelcome conduct that creates a hostile work environment or leads to adverse employment decisions, such as wrongful termination or denial of promotion. Violations can result in lawsuits, penalties, and corrective measures to protect employees’ legal rights.
Nevada Equal Rights Commission (NERC)
At the state level, the NERC plays a pivotal role in enforcing workplace harassment laws. It provides employees in Nevada with resources to file complaints regarding harassment, retaliation, and employment discrimination. The NERC ensures compliance with state labor laws and collaborates with the EEOC for cases involving federal law violations.
Equal Employment Opportunity Commission (EEOC)
As a federal government agency, the EEOC investigates workplace harassment cases, including issues of wrongful termination, hostile work environments, and retaliation. It enforces federal laws like Title VII and offers mediation, litigation, and guidance to protect employees’ civil rights. The EEOC also educates employers to ensure compliance and prevent workplace discrimination.
Employers are legally obligated to maintain a supportive work environment and implement preventive measures. This includes clear guidelines in employee handbooks and actionable protocols for reporting harassment.
State-Specific Laws Against Workplace Harassment in Las Vegas
In Nevada, workplace harassment is addressed under state-specific laws that complement federal protections. Key laws in Las Vegas and Nevada that focus on employee rights include:
- Nevada’s Fair Employment Practices Act (FEPA)
The FEPA, administered by the Nevada Equal Rights Commission (NERC), prohibits discrimination in employment based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, and disability. While similar to federal laws, FEPA extends protections to state-level employment disputes, providing a local avenue for filing complaints about harassment. - Nevada Statutes on Sexual Harassment
Under Nevada state law, sexual harassment falls under the broader scope of employment discrimination laws. Sexual harassment in the workplace is unlawful when it creates a hostile work environment or leads to unwanted employment actions. Victims of sexual harassment can file complaints with both the NERC and the EEOC, but Nevada’s state-level protections focus on ensuring that employers take immediate action to investigate and address harassment claims effectively. - Workplace Retaliation Protections in Nevada
Nevada law prohibits employers from retaliating against employees who file harassment complaints, testify in investigations, or engage in protected activities such as reporting workplace violations. This includes protection against retaliation for employees who take legal action under both state and federal harassment laws.
These state-specific laws ensure that Las Vegas employees have a strong legal framework to address and prevent workplace harassment, offering avenues for both administrative resolution and legal action.
How the National Labor Relations Board Protects You from Workplace Harassment
The National Labor Relations Board (NLRB) is a U.S. government agency that ensures employees’ rights to organize, engage in collective bargaining, and take part in union activities without fear of retaliation. Here’s a brief overview of its key functions as they relate to workplace harassment:
- Enforcing Employee Rights: The NLRB safeguards workers from being punished or discriminated against for exercising their rights to join a union or address workplace issues. This includes harassment related to labor organizing or collective bargaining.
- Investigating Unfair Labor Practices: The NLRB investigates allegations of unfair labor practices, such as employer retaliation against employees who report harassment or try to unionize.
- Overseeing Union Elections: The NLRB manages the process for employees to vote on union representation, ensuring workers can freely decide without employer interference, including harassment.
- Resolving Disputes: The NLRB helps mediate conflicts between employers and employees, addressing issues related to workplace conditions, which may include harassment claims linked to labor disputes.
In the context of workplace harassment, the NLRB is vital for protecting workers from illegal retaliation or discrimination when they report issues, seek union representation, or advocate for their rights in the workplace.
Steps to Take If You Are Facing Workplace Harassment
- Recognize the Issue
Identify whether the behavior violates workplace harassment laws or creates a hostile work environment. - Gather Evidence
Document incidents, including dates, descriptions, witnesses, and any relevant communication. - Consult an Employment Attorney
Experienced labor attorneys can evaluate your case, explain the legal process, and guide you through filing a formal complaint with HR, the EEOC, or the Nevada Equal Rights Commission. - File a Complaint
If internal processes fail, escalate the issue to government agencies or seek legal action through an employment lawyer.
How Employment Lawyers in Las Vegas Can Help
Employment attorneys specialize in defending employees’ rights and navigating complex cases. They provide essential services such as:
- Filing claims with the EEOC or state laws agencies.
- Representing clients in district court for cases involving unfair labor practices, retaliation, or discrimination.
- Negotiating settlements for punitive damages, lost wages, and medical expenses incurred due to harassment.
Common Challenges in Harassment Cases
Even with strong legal protections, challenges persist:
- Proving unwelcome conduct: Without evidence, claims may lack credibility.
- Employer retaliation: Employees may face intimidation or wrongful termination for coming forward.
- Lengthy legal process: Pursuing justice requires patience, as cases often take months or years.
This is why legal counsel is critical. With an experienced team of labor lawyers, you can build a strong case and seek fair compensation.
Workplace Harassment Laws: Key Takeaways
Workplace harassment laws are designed to protect employees and hold employers accountable. These laws extend to cases involving sexual orientation, gender identity, and mental disability, ensuring that all individuals have equal access to a supportive work environment.
Employers must:
- Prevent harassment through policies in employee handbooks.
- Address complaints promptly to ensure compliance with labor laws.
- Avoid retaliatory actions that could result in additional legal penalties.
For employees, understanding these protections empowers them to take action confidently.
What Damages Can Victims Seek?
If successful, victims of workplace harassment cases may recover damages for:
- Medical expenses for therapy or treatment related to emotional trauma.
- Lost wages due to wrongful termination or reduced hours.
- Punitive damages to penalize employers for egregious violations.
In some instances, courts may award compensation for other expenses related to the harassment, such as relocation costs or legal fees.
Bourassa Law Group: Advocating for Workplace Justice
At Bourassa Law Group, we understand that facing workplace harassment can be overwhelming. Our dedicated team of employment attorneys has extensive experience in labor and employment law, offering compassionate support and strategic guidance.
Whether it’s addressing workplace discrimination, filing a wrongful termination claim, or holding employers accountable for unlawful behavior, we’re here to help you reclaim your rights and dignity.
You don’t have to endure workplace harassment—contact Bourassa Law Group today for a free consultation.
Let our experienced team guide you toward justice and create a safer workplace for all.