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  Harassment

                      
                        

          
          
                        Harassment
              


          
  The EEOC issued its “Enforcement Guidance on Harassment in the Workplace” on September 29, 2023 for thirty days’ public comment, through November 1, 2023.  The comments provided during that time can be found at https://www.regulations.gov/document/EEOC-2023-0005-0001”Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.Unlawful harassment may occur without economic injury to, or discharge of, the victim.Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.Employer Liability for HarassmentThe employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.If you believe that the harassment you are experiencing or witnessing is of a specifically sexual nature, you may want to see EEOC's information on sexual harassment.
      
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Employer Coverage

15 or more employees under Title VII and the ADA, 20 or more employees under the ADEA



Time Limits

180 days to file a charge*(may be extended by state laws)*

Federal employees have 45 days to contact an EEO counselor



For more information:

Title VII of the Civil Rights Act
	The Age Discrimination in Employment Act
	The Americans with Disabilities Act
	Policy & Guidance
	Statistics



See Also:

Promising Practices for Preventing Harassment in the Federal Sector

Select Task Force on the Study of Harassment in the Workplace

Report of the Co-Chairs of the Select Task Force
	Executive Summary and Recommendations
	Checklists and Chart of Risk Factors for Employers
	Highlights of the Report: PowerPoint Presentation (PDF)
	Promising Practices for Preventing HarassmentReturn to top

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