What is considered to be harassment?
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:
- 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.
The 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.
What is personal harassment?
Harassment means “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcomed”. This definition is found in both the Ontario Human Rights Code (with respect to Code-based harassment) and Occupational Health and Safety Act (with respect to Workplace Harassment). Western’s policies adopt this definition and broaden it to include, in the case of personal harassment, any conduct and/or behaviours which create an intimidating, demeaning or hostile working or academic environment.
When assessing whether the behaviour being experienced amounts to harassment, it is helpful to consider the components of the definition. Without fulfilling all requirements, the behaviour, while distressing, is not within the scope of the harassment and discrimination policies at Western. It may be more indicative of an interpersonal conflict. It is important that the behaviour, whether it be harassment or conflict, be addressed.
A course: In almost all cases, harassment is a pattern of behaviour occurring over a period of time which has a negative effect on the target(s) and/or the environment. However, one single incident can constitute harassment when it is demonstrated that it has caused a significant effect on the target and/or the environment.
Vexatious: Means not having sufficient reason and/or seeking only to annoy or irritate.
Comment or Conduct: Behaviours can include conversations, jokes, posters, calendars, name calling, threats, emails, screen savers, etc.
Known or Ought Reasonably to Be Known: Both subjective (i.e., the target feels the behaviour is inappropriate) and objective (i.e., a reasonable third party would feel that the behavior was inappropriate) are considered.
Unwelcomed: This is a key aspect of the definition. The behaviour must be unwelcomed to the target or within the environment. Recent case law has suggested reasonableness to the consideration of whether the is behaviour considered unwelcomed. It is important to note that there is no requirement that a person (i.e., target) expressly object to unwelcomed behaviour. It is recognized that where harassment is present, it may be difficult, perhaps risky, to object to a person’s behaviour, particularly when that person holds power over the target (such as a leader, professor, etc).
Code-based Harassment is based on a protected ground: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. Code-based harassment is a form of discrimination.
Sexual Harassment is a form of code-based harassment on the basis of sex, gender identity, gender expression or sexual orientation that has the effect of creating a poisoned environment (demeaning, intimidating, hostile). Usually present is a pattern of repeated behaviours such as offensive jokes, comments, display of inappropriate materials.
What are some examples of harassment?
Select any of the questions below to get quick answers to some common questions about illegal workplace harassment.
Workplace harassment involves unwelcome and offensive conduct that is based on race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, age (age 40 or older), or genetic information. Examples of harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person’s religion or religious garments, or offensive graffiti, cartoons or pictures.
Yes. The laws enforced by EEOC protect you from being harassed because you report discrimination to someone at your company, to EEOC, or to your parents, your teacher, or another trusted adult. This is true even if it turns out that the conduct you complained about is not found to be harassment. We refer to this as your right to be protected from retaliation.
If you are being harassed at work, you have a responsibility to tell your employer. If you feel comfortable, you also should tell the harasser that you find his or her behavior unwelcome. You also can talk to your parents, another adult, or the EEOC.
Find out if your company has a policy on harassment. The policy should tell you who in your company is responsible for handling harassment issues. If you are uncomfortable talking to the designated person, you should talk to your manager or another manager in your company. Once your employer knows that you are being harassed, it has a responsibility to correct the situation and protect you from further harassment. If you do not promptly report workplace harassment, it may affect your rights.
If you witness workplace harassment, you should tell your employer. You also can tell the harasser that his or her behavior is not funny and must stop. Finally, don’t laugh at the conduct or give the harasser an audience – that will only encourage further harassment. You also can talk to your parents, another adult, or the EEOC.
Once your employer knows that you are being harassed, it has a responsibility to correct the situation and protect you from further harassment. Your employer should promptly and thoroughly investigate your claim. This may mean that your employer will interview you, the harasser, and any other witnesses. If your employer determines that you were harassed, it should take steps to stop the behavior from continuing, such as transferring the harasser to another location. Your employer also must make sure that you are not punished, treated differently, or harassed for reporting harassment.
Your employer has a responsibility to protect employees from harassment. If your employer determines that you have been harassing others at work, you may face one or more of the following consequences:
- verbal or written warning;
- counseling;
- transfer to another location or job;
- suspension; or
- termination.
Can you sue for harassment in Canada?
And, in some circumstances, harassment can lead to constructive dismissal that the employee can sue for in court. If you’re being harassed, whether in the workplace or otherwise, it is a good idea to speak with a lawyer early to help determine the best approach for dealing with the issue.
What qualifies as civil harassment in the UK?
Barristers at St Pauls Chambers have a wealth of experience in harassment claims. We can represent you in court in all areas of harassment matters at every stage of the proceedings. With harassment cases, it is essential to seek advice as early as possible.
Harassment is when a person causes distress and/or alarm through their behaviour. Harassment includes actions taken and words spoken. This behaviour must happen on more than one occasion for it to be deemed harassment. However, it does not have to be the same type of behaviour. For instance, it could be a phone call intended to cause you distress and a letter with the same intention. The individual incidents can happen months apart; they do not need to have happened within a specified time frame.
Under the Protection from Harassment Act 1997, harassment is both a criminal and civil action. This means someone accused of harassment can be prosecuted in the criminal courts, yet also have action taken against them in the civil courts.
The civil court can make an order or injunction that the harasser must stop their behaviour. If they breach this injunction this then becomes a criminal offence, and the harasser can be prosecuted.
Harassment in a chat room or online is referred to as ‘cyber bullying’. In such a case the harassed should initially try to stop the harasser from being able to make contact, for example by blocking them or by reporting them to their provider. The harassed should try to keep evidence of online conversations, such as screenshots. If the bullying does not cease, the police should then be contacted.
The court will consider whether a reasonable person, with the same information that the accused has, would consider this behaviour harassment. Various forms of communication can constitute harassment, most commonly messages via social media, text or phone. It can also include loitering outside a person’s home, damage to property and acts of violence. The police may decide that they will not take any further legal action against the accused, and instead give him/her an informal harassment warning. If there are further reports in the future, the police may then take legal action. Should the matter proceed to court, the court may make a restraining order to protect the harassed, which can be made regardless of whether the accused is found guilty.
Barristers at St Pauls Chambers have a wealth of experience in harassment claims. We can represent you in court in all areas of harassment matters at every stage of the proceedings. With harassment cases, it is essential to seek advice as early as possible.
What is the burden of proof for a civil harassment restraining order in California?
The person seeking protection only need to show a 51 % probability that the alleged wrongful conduct took place in order to have his or her order granted.