What Does Workplace Harassment Look Like?
Workplace harassment is certainly nothing new. But it seems to be in the spotlight more often lately. When a person goes to work, their focus should be on their job. When a workplace is hostile, not only does a person’s productivity suffer, but their confidence, safety, and self-esteem suffer.
Companies where workplace harassment is prevalent, do not only pay the price with lowered productivity, a toxic work environment, and a poor reputation, but they also pay the financial price when lawsuits are filed.
Types of Workplace Harassment
Harassment happens for quite a few reasons. At times, it is deliberate. Sometimes, it is done to force an older person into early retirement. It may be done to force someone to change teams or departments within the company or to leave the job altogether.
It is not always done based on any such motive. There are common types of workplace harassment described below:
Discriminatory Harassment
While workplace harassment is unlawful and discriminatory, discriminatory harassment is different from verbal and physical harassment. Its intentions rather than actions define it. Members of a protected class often fall victim to bullying. Protected classes fall under the following groups:
- Sex or gender
- Age
- Race
- Religion
- Color
- Nationality or national origin
- Physical or mental capability
Gender Harassment in the New York Workplace
Gender-based harassment is not limited to a single gender expression. Cisgendered men and women, whose gender matches what they were assigned at birth, trans men and women, nonbinary people, and two-spirited people may face harassment in the workplace based on their gender identity.
Racial Harassment
This is harassment based on race, ethnicity, skin color, ancestry, nationality, country of origin, or citizenship. Being harassed for things like hair texture, nose size or shape, skin color, culinary preferences, accent, customs, holidays, clothing, or cultural celebrations may be fodder for harassment.
This could take the form of slurs, insulting comments that degrade the victim’s race, memes, and racial jokes, and behavior that demonstrates “disgust” for the harassed person. This could be refusing to share a cubicle, complaining about shared bathrooms, or complaints about cultural foods in a shared refrigerator or microwave. Intolerance of differences is harassment, plain and simple.
Religious Harassment
Sometimes, there is an intersection where religious harassment and racial harassment meet. An individual who practices a religion that is out of the ordinary in the workplace may be shown an intolerance for religious holidays, traditions, and customs. Insensitive religious jokes and stereotypical comments may be made at the victim’s expense. At times, there is even pressure to convert to another religion.
Ability Based Harassment
In the workplace, there are times when harassment is aimed at those with physical or mental disabilities, who have spouses or family members with disabilities, or who use disability services such as sick leave or worker’s compensation. This harassment may come in the form of teasing or patronizing comments. Or isolation within the workplace or a refusal to make reasonable accommodations for a worker’s physical or mental health needs.
Harassment Based on Sexual Orientation
While sexual orientation-based harassment falls under the category of sex-based harassment, it can often present differently. Victims who are harassed because of their sexual orientation can face this type of harassment in various work environments. For example, this type of harassment can happen if a gay person works in a cisgender-dominated field, such as football, or construction or automotive repair.
Aged-Based Harassment on the Job in New York
The Age Discrimination in Employment Act of 1967 protects workers 40 years old and over from workplace harassment. Age discrimination may happen when an employee is teased or insulted for their age. Stereotypes like “boomer” are tossed around, and older employees are excluded from projects, meetings, and the social aspect of the job. Sometimes, employees are criticized for lacking training or skills in various areas. These behaviors can be used to deliberately discourage an employee from continuing with their job.
If You Have Experienced Workplace Harassment, Contact Us Today
Gattuso & Ciotoli, PLLC, are waiting to schedule your free consultation. We can help if you have been harassed at work. You are not in this alone. We have over 50 years of combined experience in defending employees in the workplace and have successfully handled all workplace discrimination and harassment cases. Our compassionate team understands the intricacies of workplace law and is ready to fight for you.