Employers con harassment victims by means of a “see no evil, hear no evil” policy.

By Bryan A. Chapman, Esquire

Particularly, in the case of co-worker sexual harassment, an employer can only be found liable for sexual harassment if management is aware that sexual harassment is occurring in the workplace.  As a result, some employers have adopted a “see no evil, hear no evil” strategy.

Management may be fully aware that sexual harassment (or some other type of workplace harassment) is occurring, but deliberately pretend that is is not occurring in order to avoid liability. Management may discourage a victim of sexual harassment from complaining. The victim’s complaint of harassment may be ignored or discarded by management. If the victim continues to complaint, management may seek to discredit the victim by papering their personnel file with allegations of poor job performance and misconduct, which may lead to termination.  Spicer v. Com. of Va., Dept. of Corrections, 66 F. 3d 705, 710 (4th Cir. 1995) (We reiterated this requirement in Swentek, holding that an employer is liable only “where it had `actual or constructive knowledge of the existence of a sexually hostile work environment and took no prompt and adequate remedial action.’” 830 F.2d at 558 (quoting Katz) (emphasis added).  Knowledge of work place misconduct may be imputed to an employer by circumstantial evidence if the conduct is shown to be sufficiently pervasive or repetitive so that a reasonable employer, intent on complying with Title VII, would be aware of the conduct.); Jackson v. Quanex Corp., 191 F. 3d 647, 664 (6th Cir. 1999)

“An employer cannot avoid Title VII liability for coworker harassment by adopting a “see no evil, hear no evil” strategy.” Ocheltree v. Scollon Productions, Inc., 335 F. 3d 325, 334 (4th Cir. 2003)  “Once the employer has notice, then it must respond with remedial action reasonably calculated to end the harassment.” EEOC v. Sunbelt Rentals, Inc., 521 F.3d 306, 319 (4th Cir. 2008)

Therefore, victims of workplace sexual harassment (or any other kind of workplace harassment) should document each incident of harassment in real time.  Documentation can be evidence of sexual harassment.  Victims of workplace sexual harassment should seek corroboration from witnesses and other victims of sexual harassment; there is strength in numbers. A victim of sexual harassment should review their employer’s sexual harassment policy and follow the procedure. Finally, victims of workplace sexual harassment must complaint to management and/or government entities, such as, the Equal Employment Opportunity Commission (EEOC). A victim should put their complaint in writing and keep a copy. Sending a copy of the harassment complaint to the employer, by email, can create an indelible record.

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

www.baclaw.com

Join Facebook group: I Need A Discrimination Lawyer

Hostile Work Environment And Diminished Job Performance

By Bryan A. Chapman, Esquire

A hostile work environment is a workplace that is hostile, abusive, and intimidating.  Federal laws prohibit workplace harassment that is based on an employee’s race, sex, religion, national origin, age, or disability. 

In Amirmokri v. Baltimore Gas & Electric Co., 60 F3d 1126 (4th. Cir. 1995), based on evidence that Amirmokri was called names including “the ayatollah,” “the local terrorist,” and “camel jockey,” the Fourth Circuit Court of Appeals allowed the case to go to trial on the issue of hostile environment harassment.  The Court focused on evidence that Amirmokri’s supervisor had intentionally embarrassed him by assigning him impossible tasks and telling co-workers that he was incompetent, which may have negatively affected both his performance and its evaluation.

Working in a hostile work environment can result in diminished job performance.  In Weiss v. United States, 595 F.Supp. 1050 (1984), a Virginia federal court stated, “…an employer cannot use an employee’s diminished work performance as a legitimate basis for removal where the diminution is the direct result of the employer’s discriminatory behavior.” Henson v. City of Dundee, 682 F.2d 897, 910 (5th Cir.1982); DeGrace v. Rumsfeld, 614 F.2d 796, 804 (1st Cir.1980).

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

www.baclaw.com

Join Facebook group: I Need A Discrimination Lawyer

“Papering” an employee’s personnel file: Dr. Jekyll becomes Mr. Hyde

By Bryan A. Chapman, Esquire

“Papering” an employee’s personnel file: Dr. Jekyll becomes Mr. Hyde

Employers are advised to document the job performance of their employees. The documentation of job performance is particularly important when an employer is accusing an employee of poor job performance.  Write-ups and negative job performance evaluations can justify adverse actions, such as, denial of promotion, demotion, or termination.

However, unjustified write-ups and negative job performance evaluations may be evidence of discrimination and retaliation.  A careful examination of the personnel file portrays an employee who goes from being Dr. Jekyll to Mr. Hyde: a good employee suddenly becomes a bad employee.  This can raise suspicion and expose an employer to liability.

“Papering” occurs when an employer deliberately packs an employee’s personnel file with unjustified write-ups and negative job performance evaluations in order to justify an adverse action.  For instance, an employer can “paper” an employee’s personnel file by the following methods:

  • An employer may hold the employee to a higher standard than “similarly situated employees”.
  • An employer may scrutinize an employee.
  • An employer may singled out the employee for criticism or disciplinary action.
  • An employer may create a hostile work environment that interferes with the employee’s ability to perform their job.
  • An employer may solicit criticism of the employee from their co-workers and supervisors.
  • An employer may incite the employee’s co-workers and supervisors against them.
  • An employer may deliberately give the employee false write-ups and negative job performance evaluations.

Employers can use “papering” to cover-up discrimination and retaliation. Kim v. Nash Finch Co., 123 F.3d 1046 (8th Cir. 1997) (“…he received much lower performance evaluations than he had received before filing his employment discrimination charge…  There was also evidence that Nash Finch had ‘papered’ his personnel file with negative reports, including two written reprimands.”); Etefia v. East Baltimore Cmty. Corp., 2 F.Supp. 751 (D. Md. 1998) (the court determined that the issue of whether documentation of the employee’s job difficulties was part of a plan to terminate him based on discrimination precluded summary judgment.)

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

www.baclaw.com

Join Facebook group: I Need A Discrimination Lawyer

COVID-19: Employment Discrimination

By Bryan A. Chapman, Esquire

In the spring of 2020, COVID-19 caused massive disruption in the United States. Within a few months, millions of workers became unemployed due to COVID-19 related layoffs. According to the U.S. Labor Department figures, in April 2020, the number of unemployment workers exceeded those of the Great Depression, and Hispanics and African Americans workers were especially impacted. COVID-19 related layoffs disproportionately affected older and disabled workers.

According to AARP, when the overall U.S. unemployment rate spiked from 4.4% in March to 14.7% in April, the unemployment rate for women 55 and older rose even more: from 3.3% to 15.5%. The unemployment rate for men 55+ also soared, though a little bit less, from 3.4% to 12.1%.

Some employers see COVID-19 related layoffs as an opportunity to eliminate older workers. To these employers, older workers represent higher salaries and higher expenses due to insurance costs and paid time off due to illness. Some employers may have a similar attitude about disabled workers.

According to a May 2020 Bureau of Labor Statistics (BLS) Jobs Report, the number of working-age people with disabilities who were employed decreased by 950,000 between March and April (from 4,772,000 to 3,827,000), a 20 percent reduction.

Nonetheless, federal workplace anti-discrimination laws still apply. A worker can not be discrimination against and/or harassed based on their race, sex, national origin, religion, age, or disability.

The U.S. Equal Employment Opportunity Commission (EEOC) specifically warned employers about discriminatory layoffs. According to the EEOC, an employer should “review the process to determine if it will result in the disproportionate dismissal of older employees, employees with disabilities or any other group protected by federal employment discrimination laws”.

COVID-19 layoff can facilitate sexual harassment. Supervisors can use the threat of a COVID-19 related layoff to force subordinates to submit to unwanted sexual advances.

The earliest cases of COVID-19 occurred in China. As a result, Asian and Asian American workers have become targets for workplace discrimination/harassment.

Discrimination

Employers can deliberately use COVID-19 as a pretext to discriminate against and/or harass workers based on their race, sex, national origin, religion, age, or disability. Here are examples of illegal workplace discrimination:

1. you are laid off, while workers of a different race, sex, national origin, religion, age, or without a disability are not;

2. you are denied a promotion or increase in pay, while workers of a different race, sex, national origin, religion, age, or without a disability are not;

3. you are demotion or given a reduction in pay, while workers of a different race, sex, national origin, religion, age, or without a disability are not;

4. you are given an undesirable assignment or shift, while workers of a different race, sex, national origin, religion, age, or without a disability are not; and,

5. you are being verbally or physically harassed, while workers of a different race, sex, national origin, religion, age, or without a disability are not.

Retaliation

Federal workplace anti-discrimination laws also prohibit retaliation. Retaliation occurs when a worker is mistreated because they complained about discrimination. Here are examples of retaliation:

  1. undesirable transfers

2. unwarranted disciplinary action

3. harassment

4. refusal of deserved promotion or pay increase

5. demotion or pay reduction

6. termination of employment

Retaliation occurs when an employer takes an adverse action against a worker that is designed to stop a worker from complaining about discrimination/harassment. The adverse action should occur shortly after the worker complains.

Consult an attorney

If you are a victim of discrimination or retaliation, consult an experienced civil rights attorney.

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

www.baclaw.com

Join Facebook group: I Need A Discrimination Lawyer

Do I Have A Case?

By Bryan A. Chapman, Esquire

When a potential client contacts me, they usually want to know whether or not they have a case.  Unfortunately, there is no simple answer to this question because the laws governing job discrimination are complicated and the facts of any case are subject to interpretation and change.  Employers routinely deny allegations of job discrimination.

The typical employee works at the pleasure of their employer.  The doctrine is called “employment-at-will” and it means that an employer can terminate an employee at any time and for any reason, good or bad, provided it is not for a discriminatory purpose.

It means that being terminated, in and of itself, is not proof of discrimination, even if the employee has a good job performance record.  This doctrine also applies to promotions, demotions, and transfers.  Employment-at-will is too steep a hurdle for most discrimination claims.

If an employee claims that his or her termination was discriminatory, then evidence is needed that specifically establishes a discriminatory motive on the part of the employer.  Direct evidence of an employer’s discriminatory motive is rarely available.  Most employers are not going to: 1) admit that employees are being terminated for discriminatory reasons or 2) engage in blatantly discriminatory behavior.  However, from time to time, there are exceptions.

A discriminatory motive typically has to be proven by means of circumstantial evidence.  For instance, an employee and/or group of employees are treated more harshly than similarly situated employees of a different race, sex, national origin, etc.  These cases are strongest when a group of employees are alleging the same type of discrimination.

Furthermore, the employee must demonstrate that his or her job performance was not an issue.  Employers typically claim that an employee’s termination was due to a non-discriminatory reason, such as, deficient job performance.

A hostile work environment claim is different from the typical job discrimination claim.  These claims involve overt discriminatory behavior, such as, name-calling, slurs, jokes, innuendos, and inappropriate touching and advances that make the workplace abusive and intimidating.  If an employer has notice and fails to take prompt and effective corrective action, the employer can be held liable.  A hostile work environment claim can be based on race, sex, national origin, etc.  These cases are strongest when a group of employees are alleging the same hostile work environment.

If a female employee complaints that a male manager or co-worker is engaging in inappropriate sexual behavior, and the employer fails to take corrective action that stops the harassment, the employer could be found liable for compensatory damages, such as, emotional pain and suffering.  In their defense, employers will claim that: 1) they did not have notice of the sexual harassment; 2) the sexual behavior was not severe or was consensual; or, 3) corrective action was taken.

Retaliation involves employers who punish employees for complaining about discriminatory behavior.  To establish a claim of retaliation, the employee has to demonstrate that: 1) they engaged in protected activity, such as, complaining about discrimination; 2) the punishment was severe enough to deter a typical employee from continuing to complain about discrimination; and, 3) the punishment began shortly after the complaint.  Today, the most popular type of job discrimination claim is retaliation.

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

http://www.baclaw.com

Join Facebook group: I Need A Discrimination Lawyer

Terrorized by a Hostile Work Environment? 7 Essential Tips for 2020!

Source: Forensic Notes
If you’ve worked in a hostile work environment, you know the mental and physical toll it can take on you.

Perhaps, one of the reasons it takes such a toll is due to the feeling of helplessness to change the situation.

In this article we’ll discuss some tips and resources available to help you deal with a hostile work place and take control of a difficult situation.

Hostile work environment is any situation that makes a person feel constantly uncomfortable at their place of employment.

With potential consequences to both your physical and mental health – it is important to fight against hostile work environments.  Even if it means using the legal system.

However, in order for an employee to utilize the legal system, there must be proof of inappropriate conduct.

Situations that are considered a hostile workplace have been defined by various Federal Laws.  This includes the Civil Rights Act of 1964.  These laws describe inappropriate conduct in which a person is harassed or discriminated against due to:

  • race
  • religion
  • gender
  • national origin
  • age
  • disability.

Furthermore, the hostile environment must be pervasive and severe.  And to a level that deviates from the terms and conditions of a person’s employment.

It must create an environment that is abusive and not conducive for an employee to operate in, thereby affecting the quality of their work.

The test is generally would a reasonable person find the environment to be hostile or abusive?

The Equal Employment Opportunity Commission (EEOC) agency is responsible for investigating claims of this nature.

One important distinction to bear in mind is that the law is not meant to protect against simple teasing, brusque comments or isolated situations that are not serious.

In other words, if a boss is yelling at everyone (in an offensive manner) it may create a hostile space.

But this may not become problematic in the eyes of the law unless a particular person is singled out on one of the previously mentioned grounds.

Definition: What is a Hostile Work Environment?

Many employees believe that a lousy boss, a rude co-worker, or an unpleasant workplace constitutes as a hostile work environment. Others might believe it’s a lack of privileges, perks, and benefits.

However, in order for a workplace to be hostile, specific legal criteria must be met.

The definition of a hostile work environment is created when an employee feels uncomfortable or fearful in his or her work-space.  And this fear or discomfort is due an employer or coworker whose actions or behavior make doing their job impossible.

This includes; offensive behavior, intimidation or verbal or physical abuse.

The actions, communication, and behavior must be discriminatory in nature.

Workplace Bullying ≠ Hostile Work Environment

Workplace bullying DOES NOT constitute a hostile work environment.

Unfortunately for anyone being targeted by a workplace bully, the law in most parts of the U.S. says that behavior is perfectly legal.

As discussed above, the term “hostile work environment” only applies if the behavior is harassment or discrimination. And it’s the EEOC, the federal agency that regulates employers on this issue, that has set the boundaries.  According to the EEOC, harassment or discrimination is only happening if it’s “based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.”

But here’s a few glimmers of hope.

First, your city may have it’s own laws prohibiting workplace bullying, so do a little research on that.

Second, it is quite possible that bullying could be considered workplace violence.

According to OSHA, the federal agency that regulates employers on this issue, it defines violence as ranging “from threats and verbal abuse to physical assaults and homicide.”

Of course, realizing you are the target of violence at work is not good news.  But using this knowledge may help make your case to HR and get their attention if you use explain the issue in these terms.

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

http://www.baclaw.com

Can an Employer Be Sued Due to a Stressful Work Environment?

writer bio picture

Stress, in and of itself, is not a bad thing. Controlled stress pushes us to do our best. In small amounts, it motivates, invigorates and sharpens the senses. In the MSNBC article, “Can Stress Actually be Good for You,” Dr. Lynne Tan of Montefiore Medical Center in New York, defines stress as, “a burst of energy.” On the other hand, an excessive amount of stress is physically and emotionally harmful. It can be illegal too, if it is caused by discriminatory, degrading or harassing actions in the workplace.

Hostile Work Environment

Employers cannot be sued for stress that is a normal part of the work environment. However, stress that is caused by ongoing harassment, unwelcome conduct or discriminatory practices is illegal. Actions that constitute a hostile work environment may be physical or verbal in nature. To meet the definition of hostile work environment, the harassment must be severe and such that it interferes with an employ’s ability to do his job. Hostile work environment allegations are investigated and prosecuted by the U.S. Equal Employment Opportunity Commission.

Discrimination

Name calling, slurs, offensive joke telling, unwanted touching and discriminatory comments contribute to workplace stress and violate numerous federal laws. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin, sex, race, religion or color. The Age Discrimination in Employment Act of 1967 prohibits age-based discrimination and protects employers age 40 and older. The Equal Pay Act of 1963 protects woman and men against unequal pay for substantially the same work. And, the Americans with disabilities act of 1990 prohibit employers from using discriminatory practices against qualified workers with disabilities.

Retaliation

Retaliation occurs when an employer or other employee creates a hostile work environment in order to pay an employee back for engaging in a protected activity. It may involve unjustified demotions, firing or harassing behaviors. Protected activities include filing discrimination charges against the employer, participating in an investigation or lawsuit against the employer, whistleblowing activities and making a complaint about a manager or supervisor to a higher authority in the organization.

Constructive Discharge

Constructive discharge occurs when an employer engages in behaviors designed to make an employee quit. The EEOC defines constructive discharge as behaviors that “make the work environment so intolerable a reasonable person would not be able to stay.” There are many reasons an employer may entice an employee to quit, including retaliation and to avoid vesting in pension or medical benefits.

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

http://www.baclaw.com

What Makes a Work Environment Hostile?

Legal Guidelines Exist That You Need to Know to Define a Hostile Workplace

BY  

What constitutes a hostile work environment? Some employees believe that a bad boss, an unpleasant work environment, a rude coworker, failure to qualify for a promotion, or the lack of perks, privileges, benefits, and recognition can create a hostile work environment.

And, yes, admittedly, many of these issues do contribute to an environment that may not be especially friendly or supportive of employees. The environment without employee friendly offerings can be awful. A bad boss contributes particularly to an environment that employees may see as hostile.

Traditionally, bad managers took the brunt of the blame when employees quit their job. (More recent thinking is that a lack of career development and opportunity is a larger contributor.) All of these factors can make an environment seem hostile to an employee’s wants and needs. And, they are.

A boss who verbally berates you about your age, your religion, your gender, or your race is guilty of creating a hostile work environment. Even if the comments are casual, said with a smile, or played as jokes, this does not excuse the situation.

This is especially true if you asked the individual to stop and the behavior continues. This, by the way, is always the first step in addressing inappropriate behavior at work—ask the inappropriately behaving boss or coworker to stop.

    • The actions or behavior must discriminate against a protected classification such as age, religion, disability, or race.
    • The behavior or communication must be pervasive, lasting over time, and not limited to an off-color remark or two that a coworker found annoying. These incidents should be reported to Human Resources for needed intervention.
    • The problem becomes significant and pervasive if it is all around a worker, continues over time,
    • and is not investigated and addressed effectively enough by the organization to make the behavior stop.
    • The hostile behavior, actions, or communication must be severe. Not only is it pervasive over time, but the hostility must seriously disrupt the employee’s work. The second form of severity occurs if the hostile work environment interferes with an employee’s career progress. For example, the employee failed to receive a promotion or a job rotation as a result of the hostile behavior.
    • It is reasonable to assume that the employer knew about the actions or behavior and did not sufficiently intervene. Consequently, the employer can be liable for the creation of a hostile work environment.

Dealing With a Hostile Work Environment

The first step an employee needs to take if he or she is experiencing a hostile work environment is to ask the offending employee to stop their behavior or communication. If an employee finds this difficult to do on his or her own, they should solicit help from a manager or Human Resources.

 

When inappropriate behavior is coming from another employee, they are your best in-house resources. They also serve as your witness to the fact that you asked the offending employee to stop the behavior.

 

You want to put the offending employee on notice that their behavior is offensive, discriminatory, inappropriate, and that you won’t tolerate the behavior. (In the majority of cases, the employee will stop the behavior. They may not have realized the degree to which you found the actions offensive.)

 

These resources will help you address a hostile work environment before the hostility escalates. You can pick between dealing with difficult peopledealing with a bully, holding a difficult conversation, and practicing conflict resolution skills.

 

They will all help you increase your skill in dealing with the coworker creating your hostile work environment. These skills and ideas may be all that you need since many bullies are spineless when confronted.

 

Especially in instances where you have reported the behavior of a manager or supervisor to the appropriate manager or HR staff member, the behavior must stop. Additionally, the reported individual may not retaliate against you as a payback for your reporting of his or her improper behavior.

 

An employee who experiences a hostile work environment, and has attempted to make the behavior stop without success, though, should go to his or her manager, employer, or Human Resources staff. The first step in getting help is to ask for help. Your employer must have the opportunity to investigate the complaint and eliminate the behavior.

 

A later hostile workplace lawsuit you institute will flounder if the employer was unaware of the situation and had not been given the opportunity to address the behavior and hostile environment. This is in your hands because, in most workplaces, hostile, offensive behavior is noticed and addressed when it is obvious or seen by many employees.

 

Employees rarely need to address the behavior on their own. When the behavior is not widely viewed or if it happens only in secret without witnesses, you must bring the hostile behavior to your employer’s attention.

Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

http://www.baclaw.com

Examples of Sexual and Non-Sexual Harassment

Example of sexual harrassment in the workplace

What is considered sexual harassment at work? And how does it differ from non-sexual harassment? Sexual harassment1 in the workplace is a form of discrimination that includes any uninvited comments, conduct, or behavior regarding sex, gender, or sexual orientation.

All employees – in any position, from management to entry-level or hourly staffers – should be aware of what qualifies as workplace harassment and avoid these behaviors or report them if they occur.

Sexual vs. Non-Sexual Harassment

Even though it’s the type of harassment that is most often reported, harassment in the workplace and hiring isn’t limited to sexual harassment. Other actions regarding religion, race, age, gender, or skin color, for example, can also be considered harassment if they interfere with an employee’s success or conjure a hostile work environment2 .

© The Balance, 2018

Examples of Sexual Harassment in the Workplace

It doesn’t matter who makes the offense. It could be a manager, co-worker, or even a non-employee like a client, contractor, or vendor. If the person’s conduct creates a hostile work environment, makes it difficult for an employee to work, or interrupts an employee’s success, it is considered unlawful sexual harassment.

Sexual harassment isn’t limited to making inappropriate advances. It includes any unwelcome verbal or physical behavior that creates a hostile work environment.

Here are some examples of sexual harassment in the workplace and information on how to handle it if you have been harassed at work.

    • Sharing sexually inappropriate images or videos, such as pornography or salacious gifs, with co-workers
    • Sending suggestive letters, notes, or emails
    • Displaying inappropriate sexual images or posters in the workplace
    • Telling lewd jokes, or sharing sexual anecdotes
    • Making inappropriate sexual gestures
    • Staring in a sexually suggestive or offensive manner, or whistling
    • Making sexual comments about appearance, clothing, or body parts
    • Inappropriate touching, including pinching, patting, rubbing, or purposefully brushing up against another person
  • Asking sexual questions, such as inquiries about someone’s sexual history or their sexual orientation
  • Making offensive comments about someone’s sexual orientation or gender identity

These are just a few examples of sexual harassment.

Bottom line: Any actions or words with a sexual connotation that interfere with an employee’s ability to work or create an uncomfortable atmosphere are considered sexual harassment.

It’s also worth noting that victims of the harassment may not be just the target of the offense, but anyone who is affected by the inappropriate behavior.

That is, a co-worker standing nearby when inappropriate sexual comments are uttered may be affected, even if the comments aren’t directed toward them.

Examples of Non-Sexual Harassment in the Workplace

Behavior such as making racist or negative comments can also be construed as workplace harassment. Offensive gestures, drawings, or clothing also constitute harassment.

You should address this sort of workplace bullying in the same way that you would sexual harassment – by reporting it to human resources and, if nothing is done, by filing a harassment claim with the EEOC.

Instances of workplace harassment include discrimination such as:

  • Making negative comments about an employee’s personal religious beliefs, or trying to convert them to a certain religious ideology
  • Using racist slang, phrases, or nicknames
  • Making remarks about an individual’s skin color or other ethnic traits
  • Displaying racist drawings, or posters that might be offensive to a particular group
  • Making offensive gestures
  • Making offensive reference to an individual’s mental or physical disability
  • Sharing inappropriate images, videos, emails, letters, or notes
  • Offensively talking about negative racial, ethnic, or religious stereotypes
  • Making derogatory age-related comments
  • Wearing clothing that could be offensive to a particular ethnic group

Non-sexual harassment isn’t limited to these examples. Non-sexual harassment includes any comment, action, or type of behavior that is threatening, insulting, intimidating, or discriminatory and upsets the workplace environment.

How to Handle Workplace Harassment

Should you feel like you have been harmed by sexual or non-sexual harassment in the workplace, there are steps you can take to file a harassment claim with the Equal Employment Opportunity Commission (EEOC).

In order to successfully file such a claim, however, you have to be able to prove that a) your employer tried to correct the harassing behavior, and b) that the employee responsible for the harassment refused to cease and desist.

Thus, it is vital that you first report the harassment to your employer’s human resources department as well as taking detailed notes of the dates, times, and nature of the incidents. If attempts to remediate the situation fail, you must file your claim with the EEOC within 180 days by mail, in person, or by calling 800-669-4000.

It’s Important to Know the Rules

When you’re job searching, it’s important to know that rules apply as to what employers can and cannot ask, related to some of the harassment examples listed above.

During an interview, employers should not be asking about your race, gender, religion, marital status, age, disabilities, ethnic background, country of origin, sexual preferences, or age. If this happens, it should serve as a red flag that you may not want to pursue your candidacy with this employer.

The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law. 



Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

http://www.baclaw.com



Types of Workplace Discrimination

Workplace discrimination

What is workplace discrimination, and what constitutes discrimination against employees or job applicants? Employment discrimination happens when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age.

It is illegal to discriminate based on race, religion, gender, or national original when hiring or in the workplace.

It is illegal to discriminate in any facet of employment, so workplace discrimination extends beyond hiring and firing to discrimination that can happen to someone who is currently employed.

What Is Employment Discrimination?

Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in hiring, discharge, promotion, referral, and other facets of employment, on the basis of color, race, religion, sex, or national origin. This is enforced by the Equal Employment Opportunity Commission (EEOC).

In addition, federal contractors and subcontractors must take affirmative action to guarantee equal employment opportunity without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Executive Order 11246 is enforced by the Office of Federal Contract Compliance Programs (OFCCP).

Distribution of EEOC Complaints

The EEOC reported the following breakdown for the charges of workplace discrimination that were received by the agency in 2018:

  • Retaliation: 39,469 (51.6% of all charges filed)
  • Sex: 24,655 (32.3%)
  • Race: 24,600 (32.2%)
  • Disability: 24,605 (32.2%)
  • Age: 16,911 (22.1%)
  • National Origin: 7,106 (9.3%)
  • Color: 3,166 (4.1%)
  • Religion: 2,859 (3.7%)
  • Equal Pay Act: 1,066 (1.4%)
  • Genetic Information: 220 (0.3%)

The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law.  



Law Office of Bryan A. Chapman

Contact:

Bryan A. Chapman, Esquire

(202) 508-1499

bchapman@baclaw.com

http://www.baclaw.com