Workplace harassment goes beyond unpleasant interactions or disagreements—it becomes unlawful when it involves unwelcome conduct based on protected characteristics such as sex, national origin, age, disability, or genetic information. Victims can experience severe or pervasive harassment from peers, supervisors, or even non-employees.
This conduct can take many forms—verbal, physical, or visual—and creates an abusive environment. This interferes with an employee’s ability to perform their job, making awareness and prevention critical.
Types of Harassment in the workplace
What does severe or pervasive harassment mean?
Severe harassment refers to conduct that is highly offensive, intense, or extreme. It creates a hostile, intimidating, or abusive environment, often through actions that are aggressive, demeaning, or threatening.
The severity of harassment is typically measured by how extreme the conduct is, the frequency of the actions, and their impact on the victim. Severe harassment may include physical violence, sexual assault, or threats of harm that go beyond typical inappropriate behavior, causing significant emotional, psychological, or physical distress to the victim.
Pervasive harassment, on the other hand, refers to behavior that occurs repeatedly over time, making the environment persistently hostile or uncomfortable.
Unlike severe harassment, which may be isolated but extreme, pervasive harassment involves a pattern of behavior that creates an ongoing problem. It could include repeated insults, inappropriate comments, bullying, or other harmful actions that occur regularly, making it difficult for the victim to escape the harmful effects.
Pervasive harassment often erodes the victim’s sense of safety and well-being, as they continuously endure the abusive behavior.
The key difference between severe and pervasive harassment is the nature of the behavior. While severe harassment focuses on the intensity and impact of an isolated event, pervasive harassment emphasizes the ongoing nature of the misconduct. Both types of harassment can have serious consequences on the victim’s mental health, work performance, and overall quality of life.
Sexual Harassment and Hostile Work Environment
Sexual harassment often creates a hostile work environment when unwelcome actions—such as inappropriate jokes, comments, or physical advances—are severe or pervasive enough to alter the conditions of employment.
In some cases, a single, highly severe incident may be enough to meet the standard of a hostile work environment. The behavior is evaluated under the “reasonable person” standard, determining whether the conduct would be offensive or intimidating to an average individual.
Other Forms of Harassment
Harassment based on race, religion, disability, or other protected categories also contributes to a hostile work environment. This can include slurs, derogatory comments, or unfair treatment that undermines an individual’s dignity and equal access to opportunities.
Employer Liability and Responsibility
Obligations Under Title VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 explicitly prohibits workplace discrimination and harassment based on protected characteristics. Employers are required to actively prevent harassment by:
Establishing and communicating clear anti-harassment policies.
Conducting regular training sessions for employees and management.
Providing accessible and confidential reporting mechanisms.
Employers who fail to act on complaints or allow harassment to persist may be held legally liable for their negligence. We owe it to the workforce to play our part in reporting sexual harassment or abuse of any kind that constitutes harassment.
Proving a Hostile Work Environment
How to Build a Strong Claim
Victims must document evidence to prove a hostile work environment claim. Follow these steps:
Document Incidents: Keep detailed records of dates, times, locations, and descriptions of the abusive work environment and unlawful harassment. Include witnesses whenever possible, as there are often individuals present when harassment occurs.
Report Internally: Notify your Human Resources department or direct supervisor to create a formal record. You must mention the offensive conduct within this report, whether that be harassing behavior, physically threatening circumstances, hostile work environment or quid pro quo of a sexual nature that may have resulted in sexual assault, sex discrimination or sexual remarks.
Seek External Support: Contact an attorney or the Equal Employment Opportunity Commission (EEOC) for additional guidance if the harassment continues or if your employer fails to address your concerns. The reason why we have anti discrimination laws in place is so nobody can use your differences against you, such as bias against your gender identity, age discrimination or physical disability.
Thorough documentation strengthens your case and demonstrates how the harassment impacted your ability to work.
Filing a Complaint with the EEOC
Your Rights and Path to Justice
The EEOC investigates claims of workplace harassment under federal laws. Filing a complaint initiates an official investigation, and if evidence supports the claim, the EEOC may pursue legal action or issue the victim a “right to sue” letter. Prompt reporting is crucial, as strict deadlines apply to filing claims, often within 180 days of the incident.
California Laws Protecting Employees Against Workplace Harassment
California has robust laws in place to protect employees from harassment and discrimination in the workplace. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on a range of protected characteristics, including sexual orientation, age, disabilities, mental disability, and marital status.
This law ensures that employees are protected from hostile work environment harassment arising from discriminatory actions, including offensive jokes, offensive comments, or other harassing conduct.
Under California law, sex-based harassment or sexual harassment is unlawful and can include actions such as requests for sexual favors or unwanted physical conduct. To constitute sexual harassment, the behavior must create an intimidating, hostile, or offensive work environment, severely affecting an employee’s ability to perform their job.
The law also extends protections against harassment due to the victim’s protected characteristic, including those who have been sexually harassed, ensuring they are free from harassment based on gender or other protected traits.
California also recognizes harassment based on disabilities, with the Americans with Disabilities Act (ADA) offering protection against harassment related to physical or mental disabilities. These laws require employers to create a safe, non-discriminatory environment for all employees.
Furthermore, California’s Housing Act ensures that individuals are not subjected to harassment in housing contexts due to their protected characteristics.
Employers must assist employers in maintaining a harassment-free workplace by taking immediate corrective actions against alleged harassers and providing employee training. The law requires employers to take prompt and effective steps to address complaints of harassment, whether the harassing conduct involves sexual favors, offensive jokes, or other unlawful behavior.
By enforcing these regulations, California aims to protect employees from a variety of harmful actions, fostering a workplace where all individuals—regardless of sex, sexual orientation, age, or disabilities—can thrive without fear of harassment or discrimination.
Legal Remedies for Victims
Victims of workplace harassment have several legal remedies available to seek compensation and justice for the harm they have suffered. These remedies aim to provide financial relief and hold employers accountable for failing to prevent or address harassment effectively.
Compensation for Victims
Victims of harassment can recover various forms of compensation, including:
Back Pay: Victims can recover wages lost due to harassment-related employment actions, such as wrongful termination, demotion, or forced leave. This compensation helps to restore what the victim would have earned had the harassment not occurred.
Front Pay: If reinstatement to their previous position is not possible, victims may be entitled to front pay, which compensates for future wage losses. This remedy helps victims transition after leaving an abusive work environment.
Emotional Distress: Victims of harassment can seek compensation for the emotional and psychological harm caused by the abuse. This includes financial relief for anxiety, depression, and other emotional impacts resulting from the hostile work environment.
Punitive Damages: In cases of egregious misconduct, courts may impose punitive damages on employers. These damages are meant to punish the employer for particularly reckless or malicious behavior and deter similar actions in the future.
These legal remedies provide crucial support to victims, helping them recover from the financial and emotional toll of harassment.
Preventing Harassment and Discrimination
Building a Respectful Work Culture
Preventing workplace harassment begins with cultivating a culture where hostility and abuse are not tolerated. Employers should:
Define harassment clearly in their policies.
Conduct mandatory training sessions to educate employees about acceptable behavior.
Respond promptly and effectively to complaints.
Fostering inclusivity and respect not only prevents harassment but also improves employee morale and productivity.
Contacting an Attorney or Legal Aid Organization
When harassment makes your job impossible or workplace intolerable, you should seek guidance from an attorney or a legal aid organization. These professionals can assist employees in filing complaints, understanding their rights, and pursuing legal action in accordance with California law. Legal services may also include support for those facing financial constraints, ensuring everyone has access to justice.
Conclusion
Seeking Justice and Support
No one should tolerate harassment in the workplace.
At Bourassa Law Group, we believe victims have the right to seek justice and pursue legal remedies. Reporting harassment, documenting incidents, and working with an attorney can lead to compensation and systemic changes that prevent future incidents. Together, we can create workplaces that uphold respect, inclusivity, and fairness for all.
If you’ve been a victim of harassment, contact us today. Our compassionate legal team is here to help you navigate your options and achieve justice.
1-800-870-8910