The employment laws in California specifically prohibit workplace harassment and require employers to support the rights of employees. Nevertheless, there are reported cases of employees experiencing some form of harassment at their workplace at some point. Such harassment can get out of hand and turn the workplace into an unpleasant, hostile environment. If you have experienced harassment in your workplace, you may want to search online for “workplace harassment lawyer near me” and get legal counsel. A competent lawyer can advise you on whether your situation fits into the legal definition of workplace harassment and the steps you can take.

What is workplace harassment?

Workplace harassment is a form of employment discrimination. It may comprise abusive speech, rude conduct, and discriminatory behavior based on age, gender, race, color, religion, ethnicity, national origin, disability, or health condition. It can include insults, put-downs, name-calling, slurs, offensive jokes, ridicule, mockery, intimidation, threats, and physical assault. Sending vulgar messages, pictures, and objects can also constitute workplace harassment. Deliberate interference with or sabotage of work performance is workplace harassment too.

From the legal perspective of the Equal Employment Opportunity Commission (EEOC), workplace harassment becomes unlawful in the following circumstances:

• The victims must endure the offensive behavior if they want to keep their job. If they speak out or protest, they might get fired.

• The harassment is so severe and pervasive that it has led to an abusive, hostile and intimidating work environment.

What causes workplace harassment?

There can be various causes for workplace harassment. The principal one is that the perpetrators think they can get away with it and face no consequences. Often, the people engaging in harassing behaviors in the workplace are people in positions of authority or those aligned with authority figures. They may be supervisors, managers, senior executives, co-workers, or contract workers.

How to prevent workplace harassment?

Taking steps to prevent workplace harassment is the best measure for everyone concerned. The following may help to prevent workplace harassment:

On the part of the employees

It may make a difference if employees know their legal rights. In California, the Fair Employment and Housing Act (FEHA) prohibits workplace harassment. Engaging in such behavior is also a violation of the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act.

Since harassment often begins with minor incidents, it might be advisable to nip these in the bud. If anyone makes offensive comments, let them know at once and in no uncertain terms that you find their behavior unacceptable and that you will appreciate it if they do not repeat it. Many people will not bother you if they know you can stand up for yourself.

If the behavior persists, inform your supervisor and make a formal complaint to the HR department. You may also want to gather evidence of the harassment and search for a “workplace harassment lawyer near me” to be ready if the situation escalates. You may have to file a legal complaint with the EEOC if it does or sue your employer for harassment and take the matter to court.

On the part of the employers

By law, employers are automatically liable for workplace harassment by supervisors and employees that results in job termination, lack of promotion, or wage losses. They are also held responsible for harassment that leads to a hostile work environment. If they want to avoid liability, they must prove that they tried to stop the harassment. It may be by taking prompt action against the perpetrators or showing that the victim of the harassment did not inform them of the harassment and did not avail of the anti-harassment measures they had in place for their employees.

Rather than let things reach that stage, the employer needs to take proactive steps to prevent workplace harassment. They can inform new and existing employees that they will not permit offensive and harassing conduct in the workplace. They can also initiate anti-harassment training programs for all employees, tell them about the official procedures to follow in case of harassment, and take immediate corrective measures. Additionally, employers must foster a safe work environment where employees feel comfortable voicing their opinions and concerns.