Workplace harassment is a serious issue that can greatly affect the mental and emotional wellbeing of employees. The U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as any unwelcome conduct based on a person’s race, color, religion, sex, national origin, age, disability, or genetic information. In order for harassment to be deemed unlawful, the conduct must be severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive, or enduring the offensive conduct becomes a condition of continued employment.
Filing a workplace harassment lawsuit is often a necessary step for employees who have been subjected to persistent discrimination or mistreatment. Before filing a federal lawsuit, a complaint must first be filed with the EEOC. In Fiscal Year 2020, the EEOC received 67,448 charges of workplace discrimination, highlighting the pervasiveness of this issue across various industries. Companies of all sizes and sectors must be held accountable when they fail to address harassment issues internally or when they foster a hostile work environment.
Understanding Workplace Harassment Lawsuits
Types of Harassment Lawsuits
Workplace harassment lawsuits arise when an employee faces unwelcome conduct based on factors such as race, color, religion, sex, national origin, age, disability, or genetic information. This conduct is considered harassment when it creates a work environment that is intimidating, hostile, or abusive. Some common harassment lawsuit types include:
- Sexual Harassment: Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
- Racial Harassment: Derogatory remarks, offensive jokes, or discriminatory actions based on an individual’s race or color.
- Religious Harassment: Disrespectful or offensive comments or actions related to an individual’s religious beliefs or practices.
- Age-based Harassment: Negative comments or actions aimed at an individual based on their age, usually affecting those 40 years or older.
- Disability Harassment: Discrimination or harassment directed at those with physical or mental disabilities.
Identifying Relevant Laws and Regulations
When dealing with a workplace harassment lawsuit, it is essential to understand the laws and regulations governing such cases. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws prohibiting harassment and ensuring fair treatment in the workplace.
Some key laws and regulations to be aware of include:
- Title VII of the Civil Rights Act: This law prohibits discrimination based on race, color, religion, sex, and national origin, which also includes protection against harassment in the workplace.
- Age Discrimination in Employment Act (ADEA): This law outlaws age-based discrimination and harassment against individuals aged 40 or older.
- Americans with Disabilities Act (ADA): The ADA protects employees with disabilities from discrimination and harassment in various employment settings.
- Genetic Information Nondiscrimination Act (GINA): GINA prevents employers from discriminating or harassing employees based on their genetic information.
In cases of workplace harassment, the first step is generally to file a complaint with the EEOC. The EEOC investigates the complaint and decides whether further action is needed, such as pursuing a lawsuit against the employer or providing a notice of right to sue to the employee.
Harassment lawsuits can be complex, so understanding the types of harassment and the relevant laws and regulations is crucial for employees seeking justice and for employers wanting to maintain a safe and inclusive work environment.
Key Variables in Workplace Harassment Lawsuits
Role of Protected Classes
In the United States, workplace harassment lawsuits often involve discrimination based on protected classes. These classes include age, sex, race, color, disability, religion, national origin, genetic information, gender, sexual orientation, and pregnancy. The U.S. Equal Employment Opportunity Commission states that harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Forms of Retaliation in Lawsuits
Retaliation is another key variable in workplace harassment lawsuits. When an employee reports harassment or participates in an investigation, they may experience retaliation from their employer or coworkers. Some forms of retaliation include demotions, denial of promotions, pay cuts, or other adverse employment actions.
State and federal laws protect employees who experience retaliation, and they can report discrimination to their local Fair Employment Practices Agency (FEPA) or the U.S. Equal Employment Opportunity Commission.
Social Media and Online Harassment
With the rise of technology, social media and online harassment have become more prevalent in workplace harassment lawsuits. Employees might face offensive or threatening behavior from coworkers or supervisors through social media platforms, emails, or instant messages. This form of harassment can have a negative impact on the victim’s mental health, job performance, and overall work environment. Employers have a responsibility to address and prevent online harassment and to create a safe and inclusive work environment for all employees.
Navigating the Complaint and Reporting Process
Filing a Report with the EEOC
To file a workplace harassment complaint, employees should report the unwelcome conduct to their supervisor, HR department, or follow the company’s grievance process. If internal measures are unsuccessful, employees can file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). Filing a report with the EEOC is essential for preserving employees’ rights to pursue a lawsuit. Employees are protected from retaliation for reporting harassment or participating in investigations.
There are different time limits for reporting harassment to the EEOC. In most cases, employees must file a charge within 180 calendar days. Federal employees and job applicants, however, have a different complaint process and different time limits.
Federal and State Law Report Requirements
Both Title VII of the Civil Rights Act of 1964 and state anti-discrimination laws prohibit workplace harassment based on protected classes such as race, sex, religion, and disability. Employers are legally mandated to investigate harassment, discrimination, retaliation, safety, and other specific types of complaints. Regardless of the type of claim, it is essential to meet the reporting time limits.
States and local governments also have anti-discrimination laws. Employees should research their local laws when filing a complaint to ensure they meet all required deadlines and follow the correct procedures.
Understanding the Investigative Process
During a workplace investigation, HR or appropriate personnel will gather evidence, interview the parties involved, and review company policies to determine if harassment occurred. Employers are legally required to take immediate and appropriate action when an employee complains. This may include anti-harassment training, modifying the work environment, or disciplinary action.
When the EEOC receives a complaint, they may conduct an independent investigation. If they find reasonable cause to believe discrimination occurred, the EEOC will attempt to resolve the matter with the employer. If a resolution cannot be reached, the case may proceed to litigation or a settlement.
It is crucial for both employees and employers to understand their rights and responsibilities during the complaint and reporting process to ensure a fair and just outcome.
Preventing and Addressing Workplace Harassment
Practical Steps for Employers
Employers play a crucial role in preventing and addressing workplace harassment. They should establish clear policies prohibiting any form of harassment, including sexual harassment and hostile work environment behavior. A thorough grievance process should also be outlined and communicated to employees, ensuring that their concerns can be safely voiced without fear of retaliation.
In addition to policies, it’s essential to provide regular trainings that educate employees about unacceptable behaviors and how to recognize the signs of harassment. Trainings should also cover the appropriate steps for reporting or filing complaints of harassment. A crucial element in fostering a harassment-free workplace is the top management’s demonstrated commitment, setting a positive example and making it evident that harassment will not be tolerated.
Lastly, when implementing prevention measures, it’s essential to ensure that employees have access to support resources. This may include connecting employees with counselling services, providing legal guidance, and sharing educational materials. This can empower employees to feel more confident in facing and reporting workplace issues.
Intervention Techniques for Employees
Employees also play an essential part in preventing and addressing workplace harassment. Being familiar with the organization’s established policies and reporting procedures 1 is a great first step to being proactive and prepared. If an individual experiences or witnesses harassment, they should document the incident, making sure to gather as much information as possible, including dates, times, locations, and details about what occurred.
It’s vital that employees feel empowered to address the issue directly if they feel comfortable doing so. Expressing their concerns and explaining why the behavior is unwelcome and inappropriate can sometimes stop harassment before it escalates. If the situation does not improve or the employee doesn’t feel comfortable confronting a harasser, they should report the issue and present relevant documentation to a supervisor, higher-level manager, or the organization’s anti-harassment program. Timely intervention and a proactive response can prevent harassment from escalating or spilling into other aspects of the workplace.
By employing these preventative measures and intervention techniques, employers and employees can create a more inclusive, safe, and respectful work environment.
High-Profile Workplace Harassment Lawsuits
Notable Cases and Settlements
In recent years, several high-profile workplace harassment lawsuits have made headlines, involving well-known companies such as Amazon, Facebook, McDonald’s, and UPS.
In October 2020, a transgender man named Shaun Simmons claimed in a lawsuit that he faced harassment and retaliation while working at Amazon. His complaints included being demoted and denied a promotion after informing his manager about his transgender identity.
Facebook has also faced lawsuits involving workplace discrimination and harassment. In one case, a former employee alleged she experienced hostile working conditions, which included racist and sexist comments made by her colleagues.
At McDonald’s, several female employees took legal action against the fast-food chain, claiming widespread sexual harassment in various company-owned and franchised locations. These allegations included verbal harassment, lewd comments, and even sexual assault.
UPS faced a workplace discrimination lawsuit in which employees alleged that they experienced racial harassment and discrimination, as well as unfair treatment based on their older age. The suit eventually resulted in a settlement.
Impact on Legal Landscape
These high-profile lawsuits have further highlighted the ongoing issues of workplace harassment and discrimination, leading to more stringent laws and regulations. Particularly in states like California and Washington, the legal landscape has evolved to better protect workers from harassment and hold employers accountable for their actions.
A notable example, Activision Blizzard, a prominent gaming company in California, was recently sued by the state for its alleged “frat boy” culture, which facilitated and enabled workplace harassment, particularly sexual harassment.
By heightening awareness about workplace harassment and the importance of creating a safe and inclusive workplace, these lawsuits have made a significant impact on legal practices and policies across the United States. Employers are now urged to be proactive in addressing and preventing workplace harassment, while employees are more informed about their rights and the various legal avenues available to them in cases of discrimination or harassment.
Additional Resources and Legal Support
Labor and Civil Rights Organizations
Individuals facing workplace harassment can find support and resources from various labor and civil rights organizations. These organizations aim to protect employee rights and help victims navigate the complex process of filing complaints and seeking justice. Unions offer assistance to their members in addressing harassment concerns, representing them in negotiations, and providing legal guidance on workplace disputes.
There are several governmental agencies responsible for enforcing laws related to workplace harassment. The U.S. Equal Employment Opportunity Commission (EEOC) is the primary federal agency tasked with addressing discrimination and harassment claims. The EEOC investigates complaints, provides conciliation support, and may initiate litigation on behalf of the complainant. For claims concerning unfair labor practices, the National Labor Relations Board (NLRB) enforces the National Labor Relations Act, which aims to protect employees’ rights to engage in collective bargaining and hold discussions about workplace conditions.
State-level agencies, such as those handling property disputes or wage and hour claims, can be helpful resources when dealing with harassment cases that involve specific state laws. These agencies may work independently or coordinate with the EEOC to investigate harassment complaints and enforce appropriate remedial actions. If necessary, harassment cases may proceed to state court for further legal action.
Some workplace harassment cases may involve violations of federal securities laws, such as allegations of insider trading or financial fraud. In these instances, the Securities and Exchange Commission (SEC) may become involved in the investigation or enforcement process.
By seeking assistance from labor and civil rights organizations, as well as governmental agencies, individuals can better understand their rights and options when faced with workplace harassment. These resources offer guidance and legal support to help ensure a fair and just resolution to any harassment disputes.
Frequently Asked Questions
What evidence is needed for a harassment case?
In a harassment case, the plaintiff needs to gather and present evidence supporting their claims. This evidence may include:
- Documentation of incidents, such as emails, texts, or other records that show the harassment
- Witness statements from colleagues who have observed or experienced the harassment
- Records from reporting the harassment to management or HR, including their response and any actions taken
- A detailed timeline of when the incidents occurred, as well as any patterns in the harassment
How can an employer be held accountable?
Employers can be held accountable for workplace harassment if they do not take appropriate steps to prevent, address, or resolve instances of harassment. This may include:
- Having a clear anti-harassment policy in place
- Providing training on what constitutes harassment and how to handle complaints
- Promptly investigating claims of harassment and taking appropriate disciplinary action
- Ensuring a safe and supportive work environment for all employees
What constitutes unlawful harassment?
Unlawful harassment occurs when the offensive conduct endured by an employee becomes a condition of continued employment, or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. This may include:
- Discriminatory behavior based on protected characteristics such as race, gender, religion, or disability
- Sexual harassment, including unwelcome advances, comments, or touching
- Retaliation against employees who report harassment or support others in reporting it
What types of harassment claims exist?
There are various types of harassment claims, such as:
- Discrimination-based harassment, where the targeted employee is treated poorly due to their race, sex, religion, age, or other protected characteristics
- Sexual harassment, which involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature
- Hostile work environment claims, where the alleged harassment is pervasive and significantly affects an employee’s ability to perform their job
How is harassment proven in court?
In court, a plaintiff must prove several elements to succeed in a harassment case:
- The conduct was unwelcome and offensive
- The plaintiff belongs to a protected class or the harassment was based on the offending employee’s perception that the plaintiff belonged to a protected class
- The conduct was severe or pervasive enough to create a hostile work environment
- The employer knew or should have known about the harassment and failed to take appropriate action
When should a lawsuit be filed?
If workplace harassment persists despite attempts to address it internally, such as reporting the incidents to management or HR, the affected employee may consider filing a lawsuit. It is essential to consult with an employment attorney to discuss the specific circumstances and determine the best course of action. Additionally, time limitations may apply to filing a claim, so it is crucial to act promptly.