Understanding the Different Types of Workplace Harassment
Workplace harassment can have a damaging effect on any organization, regardless of its size or industry. When individuals feel bullied, threatened, or belittled, they are less likely to perform at their best. Likely due to a breakdowns in collaboration, diminished engagement in daily tasks, and an overall drop in team spirit.
Harassment in the workplace can emerge from a range of negative behaviors. Sometimes, it involves repeated name-calling or insults based on a person’s background or personal characteristics. Other times, it surfaces through more subtle, ongoing intimidation tactics. Regardless of the form it takes, harassment can severely undermine trust.
There is a strong correlation between a respectful culture and overall employee satisfaction in both their professional and personal life. When employees sense that their concerns will not be ignored, they are more likely to remain loyal and productive.
What is Workplace Harassment?
A broad definition of workplace harassment is any behaviour or comment that makes people feel intimidated, offended or mistreated while doing their job. It can be insults, jokes about someone’s background or beliefs or repeated comments that make someone feel they are being singled out. It disrupts the work environment and can cause serious emotional harm.
In the United States, however, harassment in the workplace has a stricter legal definition. It can only defined as such if any unwelcome conduct is connected to protected characteristics like race, religion, or sexual orientation. The Equal Employment Opportunity Commission (EEOC) states that workplace harassment becomes unlawful when it results in a hostile work environment, such as through verbal or physical harassment, or leads to negative job decisions such as a demotion or a refusal to promote an individual.
According to the EEOC, federal law protects individuals from unwanted conduct by everyone in the workplace. Harassment is not limited to supervisors; it can stem from coworkers or even non-employees, such as customers or clients, and still create a legal problem for the employer.
It is also important to remember that not all workplace harassment meet the legal criteria to be classified as such. Isolated or minor remarks can still hurt morale, even when they fail to meet the legal definition of harassment. This means employers should take proactive measures whenever they see indications of hostility or disrespect.
Legal Overview
An understanding of the legal environment surrounding unlawful workplace harassment is crucial for anyone in a position of authority. Various laws in the United States serve to protect workers from discrimination and harassment.
Title VII of the Civil Rights Act of 1964 is one of the most widely referenced pieces of legislation when discussing racial harassment. It prohibits harassment and discrimination on the basis of race, color, religion, sex, and national origin. Over time, courts and administrative agencies have interpreted “sex” to include gender identity and sexual orientation, which broadens the scope of protection to more individuals.
Other key laws include the Age Discrimination in Employment Act, often abbreviated as ADEA. This legislation safeguards against age based harassment of workers who are 40 years of age or older. The act covers a number of scenarios, including, unfair treatment in hiring and firing, promotions, and other terms of employment.
The Americans with Disabilities Act (ADA) is designed specifically to protect against disability harassments. The act requires employers to provide reasonable accommodations for qualified individuals with disabilities, barring any undue hardship.
A well-written policy, defines organizational expectations and boundaries with regards to harassing behaviors. When employees know what constitutes unlawful harassment, they are more likely to recognize it and feel empowered to speak up. Failure to enforce policies equitably, however, can open the door to claims of unfair treatment. It may also lead to lawsuits citing employment discrimination or a hostile work environment.
Major Types of Workplace Harassment
Sexual Harassment
Sexual harassment is one of the most unwanted forms of behavior in professional settings. In most cases, sexual harassment encompasses several other forms of harassment, like physical harassment or gender-based harassment. It involves conduct of a sexual nature, generally manifesting in unwelcome sexual advances. Inappropriate physical contact, explicit comments, or persistent jokes about a coworker’s physical appearance also fall under this category. Sexual harassment can also manifest in less obvious ways, such as repeated flirtatious remarks that make an employee uneasy.
Quid pro quo harassment
Quid pro quo harassment, is also linked to sexual harassment. This is when job benefits or promotions are tied to the fulfillment of a variety of favors. However, in this context it would be sexual favors.
Sexual Orientation Harassment
Other types of workplace harassment with a sexual connotation do not always fall neatly into one category. For instance sexual orientation based harassment can be viewed as both sexual harassment and discriminatory harassment. Discriminatory behavior includes any derogatory comments, actions, or images aimed at a person because of their sexual identity.
Discriminatory Harassment
Discriminatory harassment occurs when someone is targeted because of a protected characteristic like gender identity, sexual orientation, race, age, or religious beliefs. The United States legal framework ensures that workers are shielded from harassment directed at these attributes. Examples include racial slurs, mockery of religious practices, and offensive jokes or generalizations about a certain nationality or ethnic group.
Racial harassment
Racial harassment in the workplace includes specific behaviors like slurs and offensive jokes, is a significant issue within the workforce. Research reveals the prevalence of such experiences among different racial groups, emphasizing the ongoing relevance of this issue in modern workplaces.
Age Based Harassment
Offensive conduct based on age can also be a form of harassment, particularly if older workers are consistently labeled as “slow” or unable to adapt, or if younger employees are dismissed as inexperienced or not worthy of important responsibilities. When harassment is rooted in an individual’s immutable traits, it exposes employers to legal risks under relevant statutes.
Physical Harassment
Physical harassment involves any unwanted touching, shoving, or threatening gestures. In its more extreme forms, it may include assault or property damage. Even seemingly minor infractions, such as poking someone repeatedly during a disagreement, can escalate into a dangerous situation if not addressed.
This form of misconduct has a profound effect on workplace safety and comfort. In order to deter physical harassment, policies must specify the consequences for such actions and instruct all employees on how to immediately report any physical threat.
Verbal Harassment
Verbal harassment involves the use of words or language to threaten, insult, or belittle. Verbal or physical harassment can contribute to a hostile work environment and illegal under federal and state laws. This can include name-calling, the use of demeaning nicknames, and deliberate attempts to embarrass or humiliate someone in front of peers. Verbal abuse also covers persistent ridicule based on personal traits or work performance.
Sometimes, it may overlap with discriminatory remarks or derogatory jokes, especially when it targets protected characteristics. When verbal harassment is allowed to continue unchecked, it can lead to high turnover because employees who feel consistently attacked or ridiculed may decide to leave the organization.
Psychological Harassment
Psychological harassment, also called mental harassment, is more subtle than physical or verbal abuse. It might include gaslighting, where a person attempts to make a colleague doubt their own perceptions or memory. It can also consist of spreading rumors, deliberately excluding someone from important meetings, or constantly undermining an individual’s professional contributions.
Over time, these behaviors can cause anxiety, depression, and a lowered sense of self-worth. They can hinder employees from speaking up in meetings or sharing new ideas, thus affecting innovation and growth. Companies that fail to address this form of harassment risk creating an environment where bullying tactics become normalized.
Power Harassment
Power harassment takes place when someone misuses their authority or hierarchical position to coerce or belittle subordinates. This might involve assigning tasks that are meant to humiliate or overwhelm, enforcing deadlines that are nearly impossible to meet, or demanding personal favors unrelated to work.
Often, power harassment goes unnoticed because employees feel too intimidated to bring such issues to higher management. They may fear that complaining will lead to further retaliation or that they will not be believed. Clear reporting structures, combined with a transparent commitment to investigate all complaints, encourage victims to come forward. This approach reduces the likelihood of power imbalances going unchecked.
Cyberbullying (Online Harassment)
Cyberbullying is a growing concern, particularly in modern workplaces that rely heavily on electronic communication. It consists of offensive or threatening messages sent through emails, text messages, or social media platforms. Sometimes, it can involve the distribution of private or embarrassing information about a coworker.
Because digital communication is often asynchronous, employees can be harassed even when they are not physically present in the office. This can extend the stress into personal time, leaving victims feeling that they cannot escape the harassment. Employers should ensure that their anti-harassment policies cover digital media interactions, including the use of private messaging systems or company-owned devices.
Personal Harassment
Personal harassment may not always involve a protected characteristic. Nonetheless, it still creates a toxic atmosphere by focusing on humiliating or ostracizing another individual. For instance, a manager who constantly criticizes an employee’s work in front of others, even when there is no real basis for the critique, is engaging in personal harassment.
This behavior can wear down a target’s confidence over time and may eventually deter that individual from taking on important tasks or promotions. Although personal harassment may not meet legal definitions of harassment in all cases, it remains destructive to the culture and can erode trust within teams.
Third Party Harassment
Third party harassment emerges when clients, customers, or suppliers harass employees. Since the organization has less direct control over these outside parties, such incidents can be challenging to handle. Nonetheless, employers have a duty to ensure their workers are safeguarded. They must clearly outline how employees should respond to external harassment and what steps managers will take to address it.
Retaliation Harassment
Retaliation harassment punishes employees for reporting harassment or cooperating with an investigation. It may involve demoting them, assigning undesirable tasks, or sabotaging their chances at promotion. Even when an initial complaint does not lead to a formal finding of harassment, any form of retaliation is problematic. It discourages other employees from speaking out, allowing negative behaviors to flourish unchecked. The EEOC has emphasized that retaliation is illegal, regardless of the legitimacy of the initial complaint.
Bullying
Bullying refers to a repeated pattern of aggressive behavior, rather than a single incident of hostility. It can involve shouting matches, hurtful gossip that isolates someone from team activities, or unfairly critical performance reviews. While bullying may overlap with other types of harassment, it is defined by its repetitive nature. Over time, bullying can push employees away or hinder them from performing at their best. Studies indicate that organizations with strong anti-bullying policies have lower turnover and better morale than those that allow bullying behaviors to persist.
Reporting and Investigating Harassment
A key part of tackling workplace harassment is ensuring a clear and confidential process for raising harassment complaints. Employees should have multiple options, such as contacting human resources, reaching out to a manager they trust, or using an anonymous reporting hotline to raise concerns. If there is only one reporting channel, and that channel is controlled by someone who might be part of the problem, employees will not feel safe coming forward.
If it is found that illegal harassment occurred, leaders must take immediate corrective action. This can include disciplinary measures like a written warning, suspension, or even termination, depending on the severity of the behavior. Sometimes, additional training sessions may be mandated for particular departments or teams.
If the investigation finds no evidence of workplace harassment, the employer should still take time to explain the conclusion to the individual who filed the complaint. This helps reassure them that their concerns were addressed properly. Regular tracking of harassment claims can also detect patterns. For example, if the same department experiences repeated allegations, it may indicate a deeper cultural issue.
Conducting an Effective Investigation
Conducting an effective harassment investigation is crucial for addressing complaints and maintaining a safe, inclusive work environment. Employers must take all allegations seriously and ensure that their investigative process is thorough, impartial, and timely. The steps to conducting a successful investigation include:
- Developing a Plan: Outline the scope and objectives of the investigation.
- Gathering Information: Collect relevant documents, emails, and other evidence.
- Conducting Interviews: Speak with the complainant, the accused, and any witnesses.
- Evaluating the Evidence: Analyze the information gathered to determine the facts.
- Making a Determination: Decide whether harassment occurred based on the evidence.
- Developing a Resolution Plan: Create a plan to address the findings and prevent future incidents.
- Communicating the Outcome: Inform the involved parties of the investigation’s results.
- Monitoring and Following Up: Ensure that the resolution plan is implemented and effective.
- Documenting the Investigation: Keep detailed records of the investigation process and findings.
- Reviewing and Learning: Assess the investigation to identify areas for improvement.
By following these steps, employers can ensure that their investigations are fair, thorough, and effective in addressing harassment complaints.
Prevention and Best Practices
Preventing harassment is far more effective and less disruptive than dealing with allegations after the fact. One crucial step is adopting clear, detailed anti-harassment policies that describe both the types of workplace harassment and the repercussions for engaging in them. These policies should be integrated into the employee handbook and discussed during orientation.
Organizations should also conduct thorough training sessions that allow employees to discuss real-life scenarios of workplace harassment and practice responding to them. Some companies use small-group workshops where participants can role-play or talk through situations of unwanted sexual advances, abusive behavior, or emotional harm.
Whenever possible, refresher trainings should also be conducted so that employees stay aware of what constitutes inappropriate behavior. A consistent reminder of what is considered workplace harassment can deter many negative actions or isolated incidents that might spiral into harassment.
Beyond formal training, a good practice is to solicit regular feedback through surveys or anonymous suggestion systems. This allows leadership to identify potential pockets of dissatisfaction.
Employers can help prevent workplace harassment by maintaining a safe and inclusive work environment, promote a culture of respect, and ensure that employees are aware of their rights to report harassment without fear of retaliation.
Support and Resources
Helping Victims of Workplace Harassment
Victims of workplace harassment often experience emotional distress, decreased productivity, and low morale. Employers can provide support and resources to help victims, including:
- Employee Assistance Programs (EAPs): Offer confidential counseling and support services.
- Mental Health Resources: Provide access to mental health professionals and services.
- Confidential Reporting Systems: Ensure that employees can report harassment without fear of exposure.
- Support Groups: Facilitate peer support groups for employees who have experienced harassment.
- Counseling Services: Offer professional counseling to help victims cope with the emotional impact of harassment.
By providing support and resources, employers can help create a safe and inclusive work environment for all employees.
Workplace Harassment FAQs
What should an employee do if they suspect they are experiencing harassment but aren’t certain it meets the legal definition?
If you suspect you are experiencing harassment, start by documenting every incident including dates and times. It is important to report your concerns to a supervisor, HR, or another trusted manager, while also reviewing your company’s policies. Use external support resources like counseling or legal advice. You should also cooperate fully with any investigation, knowing that retaliation is illegal.
How can employees safely report issues if they fear retaliation from their supervisor or HR department?
If you’re worried about HR or your supervisor retaliating, you can use an anonymous hotline or third-party reporting platform to safely share your concerns. Make sure you keep detailed records of any incidents, understand your rights under whistleblower protection laws, and explore external reporting options if internal channels don’t seem safe.
Is there a difference between bullying and harassment?
Although bullying is classified as a major type of harassment, legally there is a difference. Bullying usually involves repeated, aggressive actions aimed at dominating or humiliating someone, without needing a specific basis in a protected trait. Harassment, on the other hand, focuses on unwanted behavior tied to characteristics like race, gender, age, or religion, and is typically protected under anti-discrimination laws.
