Harassment, according to the U.S. Equal Employment Opportunity Commission (EEOC), is unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information. The most common types of harassment are discriminatory harassment, physical harassment, psychological harassment, and sexual harassment. Harassment can be presented in many forms; therefore, it is important to recognize the different types to better report incidents should they occur in the workplace.
Types of Harassment
Harassment in the workplace can take many forms, ranging from inappropriate comments and unwanted conduct to intimidation and physical threats. Recognizing different types of harassment and the behaviors associated with them can help employees and organizational leaders identify concerns earlier and determine when further action may be necessary.
Discriminatory Harassment: Discriminatory harassment involves unwelcome conduct directed at an individual because of a protected characteristic. This may include harassment based on race, color, religion, sex, national origin, age, disability, genetic information, or other legally protected characteristics. Harassing behavior can include offensive comments, slurs, jokes, exclusion, or other conduct directed at an individual because of their identity or background.
Psychological Harassment: Psychological harassment can include repeated behaviors that intimidate, demean, isolate, or undermine another individual. Examples may include excessive or targeted micromanagement, humiliation, verbal abuse, intimidation, or intentionally making an employee’s responsibilities more difficult. While these behaviors may be less visible than other forms of harassment, they can still negatively affect employee well-being, productivity, and organizational performance.
Physical Harassment: Physical harassment involves unwanted physical conduct, threats, or intimidation that causes an individual to feel unsafe in the workplace. This form of harassment can range from inappropriate touching or threatening gestures to physical assault. Organizations should take reports of threatening or physical behavior seriously and have clear processes for addressing concerns when they arise.
Sexual harassment: Sexual harassment involves unwelcome conduct of a sexual nature that affects an individual’s workplace experience. Examples can include unwanted sexual advances, requests for sexual favors, inappropriate comments or messages, unwanted touching, or other verbal or physical conduct of a sexual nature. This form of harassment can occur between individuals at any level of an organization and should be addressed through established reporting and investigation processes.
Harassment Laws
According to the EEOC, individuals can take legal action if their harassment is considered unlawful, or severe or pervasive enough to create a work environment one would consider intimidating, hostile, or abusive and to where enduring the offensive conduct becomes a condition of continued employment.
Harassment is a form of workplace discrimination that violates Title VII of the Civil Rights Act of 1964, a federal law stating it to be unlawful to discriminate against any individual based on race, color, religion, sex or national origin. In addition, there are anti-discrimination laws in place to prohibit retaliation against individuals for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit.
How to Report Harassment
Studies show over 60% of incidents often go unreported. Why is this? Research indicates a shocking correlation between lack of reporting and fear of retaliation and lack of support from employers.
Reporting harassment in the workplace begins with having a clear and accessible process for employees to raise concerns. Depending on the organization, employees may report an incident to a supervisor, HR representative, designated compliance contact, or through a third-party reporting system. When filing a complaint, employees should provide relevant details about what occurred, when and where it happened, who was involved, and any witnesses or supporting documentation that may help evaluate the concern.
Organizations should clearly communicate reporting options and provide employees with more than one way to come forward, including anonymous and non-anonymous channels when available. Once a report is received, a consistent process for documenting, reviewing, and investigating the complaint can help reduce internal bias and support appropriate resolution. Because reporting harassment or participating in an investigation may be considered a protected activity under applicable laws, organizations should also remain alert to potential retaliation throughout the process.
Creating a Safer Approach to Harassment in the Workplace
Work Shield is creating a safe space to report harassment in the workplace without fear of retaliation. Each incident is safely and securely reported to Work Shield’s third-party team of legal professionals, where each incident is impartially and carefully heard, thoughtfully investigated, and effectively resolved. By reporting harassment and discrimination issues directly to Work Shield for investigation, you are mitigating the risk of retaliation.
When implementing Work Shield’s solution for managing harassment in the workplace, employers can feel confident their business is meeting and exceeding EEOC guidelines for protecting their employees and gives peace of mind that they are helping to create a more safe, equitable and inclusive workplaces. For more information, visit Work Shield’s Services.
About Jared Pope
Jared is Founder and CEO of Work Shield, the only start-to-finish workplace harassment and discrimination reporting, investigation and resolution solution that protects employees, employers and cultures at the same time. Jared practiced law and ran a practice focused on human resources, ERISA, benefits and employment matters for over 15 years and is a knowledgeable resource on workplace culture and harassment and discrimination issues.
Connect with him on LinkedIn.
