Harassment Law Key Terms

Understand the terms associated with harassment law to prevent harassment in your company

Harassment in the workplace is unlawful. The Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967 and Title VII of the Civil Rights Act of 1964 all provide legal protections against harassment in the workplace. From a legal standpoint, harassment is any unwelcome conduct that is directly or indirectly related to race, gender, color, national origin, marital status, veteran status, disability or religion. Understanding the key terms for harassment law will help you to keep your business safe from litigation alleging harassment.

 

Victim

When dealing with harassment, a victim is anyone who is genuinely offended by the behavior of the harasser. This means that the victim isn't necessarily the person being harassed.
Try: The U.S. Equal Employment Opportunity Commission provides detailed information about harassment in the workplace, including an explanation about potential victims.

Sexual harassment

Sexual harassment is a distinct problem that can cause serious trouble for your business. This type of harassment is any unwanted advances made by anyone in your business, including contractors, clients and employees.
Try: The American Federation of State, County and Municipal Employees offers in-depth information about sexual harassment and its effects on the workplace. Information on how to cope with sexual harassment and how to prevent it are also included.

Racially hostile environment

Any time that an environment is racially hostile, action must be taken to correct the situation immediately. There are numerous signs of a racially hostile environment. These include the presence of drawings, jokes or statements that are racially charged. Any environment that is racially hostile on a regular basis is considered a harassing environment if anyone complains and the hostility isn't corrected.
Try: The U.S. Department of Education provides information about how to detect a racially hostile environment and how to put a stop to the hostility.

Retaliatory harassment and/or termination

Retaliatory harassment and/or termination (discharge) is any situation in which harassment becomes a problem because of a complaint an employee made. If an employee complains about a manager showing preferential treatment and the manager starts to harass the employee, that is considered retaliatory harassment. In that case, the company may be guilty of both retaliation and harassment.
Try: Ross Law offers basic information about retaliatory harassment and termination. Javerbaum Wurgaft provides information about legal precedence for retaliatory harassment and retaliatory discharge.

Remedies

In the case of harassment law, remedies are the means of making amends with the victim. Back pay is the most common. However, punitive damages, compensatory damages, rehiring, employer training and repayment of fees are some of the remedies to which a victim may be entitled.
Try: Detailed explanations of remedies can be found on the Tennessee Employment Law Center website.

Electronic harassment

Electronic harassment is any harassment that occurs over the Internet. SPAM and threatening emails are examples of electronic harassment. Even though some people still use the SPAM technique for trying to market a business, it is illegal.
Try: Binghamton University offers information regarding electronic harassment and the ways to minimize the risks of it happening.

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