Dealing with harassment at work can be overwhelming and stressful. If you’re facing uncomfortable or inappropriate behavior from a colleague, manager, or anyone else at your workplace, it’s important to know that you have rights and there are steps you can take to address the situation. Let’s walk through the essentials of what workplace harassment is and what you can do about it.
Understanding Workplace Harassment
Workplace harassment occurs when an individual is subjected to unwelcome conduct based on race, gender, religion, national origin, disability, age, or other protected characteristics. This can manifest in many ways, such as inappropriate jokes, unwanted physical advances, or discrimination in promotion and compensation decisions.
To be classified as harassment under the law, the behavior must create a work environment that would be intimidating, hostile, or abusive to a reasonable person. However, even if the conduct doesn’t meet this legal standard, your workplace may have policies that prohibit such behavior.
Key Rights and Protections
1. Right to a Safe Work Environment: By law, you have the right to work in an environment free from discrimination and harassment. Employers are obligated to take steps to prevent and address harassment.
2. Protection from Retaliation: If you report harassment, your employer cannot legally retaliate against you. Retaliation might include things like being demoted, having your hours reduced, or facing increased scrutiny at work.
3. Confidential and Fair Investigation: When you report harassment, your employer should conduct a prompt and thorough investigation while maintaining confidentiality as much as possible.
Practical Steps to Take
1. Document Everything: Keep a detailed record of all incidents of harassment, including dates, times, what was said or done, and any witnesses. This documentation will be incredibly valuable if you need to make a formal complaint.
2. Know Your Employer’s Policies: Familiarize yourself with your employer’s handbook or policy manual regarding harassment. This document should outline the steps for reporting harassment and the procedures the company will follow.
3. Report the Harassment: Report the behavior to a manager, HR department, or a designated compliance officer. It’s best to do this in writing to have a formal record.
4. Seek Support: Talk to trusted colleagues, friends, or family about what you’re experiencing—support can be crucial. Additionally, consider contacting your union representative or an employee assistance program (EAP) if one is available to you.
5. Explore Legal Options: If internal resolutions don’t work, or if the harassment is of a severe nature, you may choose to file a complaint with external agencies such as the Equal Employment Opportunity Commission (EEOC) in the U.S., or Fair Work Australia.
Examples of Harassment
- Sexual Harassment: A manager making repeated, unwanted advances or suggestive comments toward an employee.
- Racial Harassment: Colleagues making derogatory comments about another employee’s race or ethnicity.
- Disability Harassment: Making fun of an employee’s disability or creating unnecessary roadblocks to their accommodation requests.
When to Seek Legal Advice
If you’re unsure about what constitutes harassment or how to proceed, consider consulting with an employment lawyer. A lawyer can help you to assess whether you have a strong legal case and advise you on the best course of action, providing advocacy and support as needed.
Facing harassment at work is a difficult and sensitive issue, but knowing your rights and the resources available to you can help you navigate the situation more effectively. Remember, you’re not alone, and there are steps you can take to protect yourself and foster a safer workplace.
