Workplace harassment can take many forms, and for those experiencing it, the situation can feel overwhelming and confusing. Understanding what qualifies as workplace harassment in California is the first step toward protecting your rights.
In this guide, we’ll break down the definition of workplace harassment, common examples, and what you can do if you believe you’ve been a victim.
Workplace Harassment Definition
Exactly what is workplace harassment? Simply put, this legal term refers to unwelcome behavior based on a protected characteristic that creates a hostile, intimidating, or offensive work environment. Under California employment and labor laws, these protected characteristics include (but aren’t limited to) race, gender, sexual orientation, religion, disability, age, and national origin.
Harassment isn’t limited to obvious threats or insults. It can be verbal, physical, visual, or even digital. It can come from anyone in the workplace – supervisors, co-workers, clients, or vendors.
It’s important to note that not all unpleasant behavior at work qualifies as harassment. For behavior to be considered workplace harassment under California law, it typically must be:
- Unwelcome: The conduct was not invited or wanted.
- Based on a protected characteristic: Such as gender, race, disability, etc.
- Severe or pervasive: A single serious incident or a pattern of ongoing behavior that disrupts the work environment.
What Kinds of Actions Can Qualify as Workplace Harassment?
You might be wondering what actions are technically considered harassment at work? The answer isn’t always straightforward, but here are some general guidelines to help clarify:
Yes, this may qualify as harassment:
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- Repeated, offensive jokes about someone’s race, gender, or religion.
- Unwanted sexual advances, comments, or physical contact.
- Derogatory remarks or slurs directed at a person’s disability or age.
- Displaying offensive images, symbols, or messages that target protected groups.
- Retaliation for reporting harassment or participating in an investigation.
No, this typically does not qualify as harassment:
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- A single rude or insensitive comment (unless it’s extremely severe).
- Constructive criticism or negative feedback about job performance.
- Personality conflicts without discriminatory behavior involved.
- Isolated incidents that aren’t severe enough to create a hostile environment.
Common Types of Workplace Harassment
Workplace harassment cases can manifest in various forms. Recognizing these types of harassment can help you determine if your experiences fit the legal definition of harassment.
Verbal Harassment
This includes offensive comments, jokes, slurs, threats, or name-calling related to someone’s protected characteristic. For example:
- Repeatedly making derogatory remarks about a co-worker’s accent.
- Using racial or homophobic slurs in casual conversation.
- Threatening an employee based on their gender identity.
Physical Harassment
Any form of unwanted physical contact can qualify as harassment, especially when it’s aggressive or sexual in nature. Examples include:
- Inappropriate touching or groping.
- Blocking someone’s movement in an intimidating way.
- Threatening gestures or physical intimidation.
Visual Harassment
This type of harassment involves displaying offensive images, gestures, or materials in the workplace. It can include:
- Posters, emails, or screensavers with explicit or derogatory content.
- Offensive hand gestures aimed at humiliating someone.
- Cartoons or drawings that mock a person’s disability or background.
Sexual Harassment
Sexual harassment is one of the most commonly reported forms of workplace harassment. It includes:
- Unwanted flirting, advances, or sexual comments.
- Requests for sexual favors in exchange for job benefits.
- Sharing sexually explicit materials or making lewd gestures.
Digital Harassment
In today’s connected world, harassment isn’t limited to face-to-face interactions. Digital harassment can happen via email, text, social media, or workplace chat platforms. Examples include:
- Sending inappropriate memes or messages.
- Cyberbullying or online threats from co-workers.
- Repeated, unwanted messages after requests to stop.
How to Take Legal Action for Workplace Harassment
If you believe you’ve experienced workplace harassment, you don’t have to face it alone. Here are steps you can take to protect yourself and potentially build a legal case:
- Document Everything: Keep detailed records of the harassment, including dates, times, locations, people involved, and a description of what happened. Save emails, messages, or other relevant evidence.
- Report the Harassment: Follow your company’s procedures for reporting harassment. This often involves notifying a supervisor, human resources (HR), or another designated person. Reporting is not just about resolution; it can also strengthen your case if legal action becomes necessary.
- Consult an Employment Attorney: If the harassment continues or your employer fails to address it, consulting with an experienced attorney can help you understand your options.
FAQs: Common Questions About Workplace Harassment
Is yelling in the workplace harassment?
It depends. Yelling alone isn’t necessarily harassment unless it’s directed at someone because of a protected characteristic (like race, gender, disability) or part of a pattern of behavior that creates a hostile environment. However, it could qualify if the yelling includes threats, slurs, or discriminatory remarks.
What constitutes workplace harassment?
Workplace harassment involves unwelcome behavior based on a protected characteristic severe or pervasive enough to create an intimidating, hostile, or offensive work environment. This can include verbal abuse, physical intimidation, offensive jokes, unwanted advances, or discriminatory actions.
Stand Up Against Workplace Harassment
No one should feel unsafe or disrespected at work. If you believe you’ve experienced harassment, don’t hesitate to reach out for support. At Employment Laws by Prestige Legal Solutions, we’re committed to helping employees throughout California navigate challenging workplace situations.
Contact us or call us at 213-699-5485 today to learn more about your rights and options with a free consultation.
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