What Does ‘Harass’ Really Mean?

Harassment can take many forms in the workplace, ranging from unwelcome jokes or comments to physical contact or intimidation. Employers and employees alike need to understand the legal meaning of harassment and the different types of behavior which are classified as such.

What Is Harassment?

Harassment is defined by the Equal Employment Opportunity Commission as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful when: (1) enduring the physical or verbal conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Examples of Harassment

Examples of behavior that could be classified as harassment include, but are not limited to:

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• Making jokes about someone’s race, sex, or ethnicity
• Making sexual comments about someone’s body
• Sharing inappropriate images or videos
• Threatening or intimidating behavior
• Physically touching someone in a way they find offensive or coercive
• Making comments based on an employee’s religion or other protected characteristic

These behaviors are often subtle and may not be obvious to the offender or the target, but can ultimately cause significant distress.

What Are Employers Responsible For?

It is the employer’s responsibility to ensure a safe and equitable workplace for all employees. Employers must take all complaints of harassment seriously and take prompt action to prevent any further harassment from occurring. Employers must also establish clear guidelines and policies which outline what behaviors are unacceptable and put in place systems for reporting and investigating any incidents of harassment.

Do You Know Your Rights?

If you feel that you are a victim of, or witness to, harassment at work, it is important to remember that you have legal rights and options. Seek advice from an experienced employment rights attorney to better understand your rights and to explore appropriate steps to take in response to harassment.

Related Legal Concepts

Understanding harassment often intersects with other important legal areas, particularly when examining hate crime statutes that may apply to severe harassment cases based on protected characteristics. Workplace harassment claims frequently involve questions of harmless error in procedural matters, while harassment that escalates to threats or physical contact may warrant consideration under criminal harassment laws. The legal framework surrounding harassment also connects to broader civil rights protections and employment discrimination principles.

The Bottom Line

Harassment represents a serious legal issue that can create both civil and criminal liability depending on the severity and nature of the conduct. Whether occurring in the workplace or other settings, harassment based on protected characteristics is prohibited by law and can result in significant consequences for perpetrators. Understanding these legal boundaries helps protect both potential victims and those who might unknowingly engage in problematic behavior. For guidance specific to your situation, always consult a qualified, licensed attorney.