Introduction
Many people have heard of the 1964 Civil Rights Act, which made it illegal to discriminate against employees based on their race, color, religion and national origin. But they might not be as familiar with the other laws that protect workers against harassment and hostile work environments. Section 704(a) of Title VII prohibits discriminatory practices such as sexual harassment in virtually all aspects of employment and education.
What is harassment?
Harassment is unwelcome verbal or physical conduct based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. The law prohibits harassment even if the harasser and victim are of the same sex.
Harassment is prohibited by federal law under Title VII of the Civil Rights Act of 1964 (Title VII), which covers employers with 15 or more employees; by: state and local ordinances that prohibit discrimination on the basis of sexual orientation and gender identity; state laws against discrimination in employment; and federal laws against age discrimination.
Employers may be liable for harassment based on race or color by supervisors, co-workers or non-employees such as customers/clients/patrons who work around them if they knew about it but failed to correct it after receiving notice from employees that something was wrong. Employers are also liable if one employee creates a hostile environment for another employee with whom he has a personal relationship outside work hours.
What is a hostile work environment?
A hostile work environment is a workplace where the conduct is severe or pervasive enough to create an intimidating, hostile, or abusive working environment that a reasonable person would consider intimidating, hostile, or abusive.
You can report a hostile work environment to your state or local employment discrimination agency immediately. For example, in California, you have 300 days from the date you believe the discrimination took place to file with the Department of Fair Employment and Housing (DFEH). The DFEH will investigate your claim and determine if it has merit before pursuing legal action against your employer. If it does not find evidence of discrimination after investigating your claim but you still believe you have been discriminated against because of race or gender identity issues for example then you may need to file within a certain period specified by state law in order for us to pursue action on your behalf..
How to file a charge of discrimination?
You can file a charge for discrimination in the workplace by mail, fax, email or in person at your local EEOC office or your state’s equivalent agency. You may also file an online charge of discrimination through the EEOC.
You can contact us at 1-800-669-4000 (TTY: 1-800-669-6820). Persons with disabilities who need assistance should call 1-800-669-6820. If you are hearing impaired and want to use the FRS, call 800-877-8339 (TDD) between 7 a.m. and 7 p.m., Eastern Standard Time; 9 a.m.-5 p.m., Central Standard Time; 10 a.m.-6 p.m., Mountain Standard Time; 11a m.-7p m., Pacific Standard Time, Monday through Friday except holidays.(Note: If you cannot hear TTY equipment but have access to the Internet, you may use our online alternative dispute resolution system).
Retaliation for filing a charge of discrimination?
When you file a charge of discrimination, you’re protected from retaliation. This means that your employer may not fire or transfer you, reduce your pay or benefits, harass or otherwise punish you because of the charge.
Retaliation is illegal in any form and occurs when an employer takes action against someone who has engaged in activities protected by federal law. For example:
- An employee complains about having to work on the Sabbath. The boss fires him for it. That’s retaliation for exercising his religious rights under Title VII of the Civil Rights Act of 1964;
- An employee complains about sexual harassment by another worker and asks that he be moved to another department—and then finds out that this was done because he complained about sexual harassment! That’s retaliation for complaining about discrimination based on sex;
- An employee files a complaint against her manager for making racially offensive comments—and then finds out she’s been demoted as punishment! That’s also retaliation for complaining about discrimination based on race
Employees and employers covered by the law.
The following employers and employees are covered by the law:
- Employers with 15 or more employees
- Employees who work for employers with 15 or more employees
- Employers that are engaged in interstate commerce, even if they have fewer than 15 employees. (Interstate commerce means businesses that operate on a national scale.)
- Employers that are covered by the Civil Rights Act of 1964, even if they have fewer than 15 employees. This includes educational institutions, state and local governments, employment agencies and labor organizations. The Civil Rights Act has been amended several times since it was passed in 1964, so be sure to check its current status before relying on it as your only source of information on discrimination laws.
Penalties for violations of law.
Hostile work environment: The employer is fined, ordered to pay back wages, and/or ordered to change its policies.
Harassment: The employer is fined and ordered to change its policies.
If an employee wins a harassment lawsuit, the judge may also add fees for their attorney’s fees and compensatory damages (money awarded by the court). If they win a hostile work environment case, they could be awarded attorney’s fees as well as punitive damages (extra money awarded by the court).
You can call EEOC or its local office if you believe that you have been harassed or treated differently at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
If you believe that you have been harassed or treated differently at work because of your race, color, religion, sex (including pregnancy, gender identity and sexual orientation), national origin, age (40 or older), disability or genetic information. You can call the EEOC at 1-800-669-4000 to contact your local Equal Employment Opportunity Commission office.
You can also file a charge of discrimination by calling 1-800-669-4000 or find out how to charge discrimination online at
www.eeoc.gov/employees/howtofile.cfm
Conclusion
I hope this article has helped you understand what harassment is and how it can affect your life at work. If you have experienced any form of harassment, it’s important that you speak up. You can call EEOC or its local office if you believe that you have been harassed or treated differently at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin age (40 or older), disability or genetic information.
