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Understanding Different Types of Harassment
Many people may believe that sexual harassment is the one and only type of harassment that can happen. In reality, sexual harassment is perhaps one of the most common forms of harassing behavior, but it is by far not the only one. In fact, many states and local governments have very specific anti-discrimination laws that also contain provisions that prohibit harassment for what are sometimes very unique classes of individuals. The following is a primer on some other types of harassment that may occur in the workplace or elsewhere.
Warning : The examples given below are not meant to be a comprehensive review of all laws relating to harassment. If you are an employer, make sure that you review and understand what types of behavior can constitute harassment in your area. If you are an employee, make sure that you review and understand what protected characteristics you may possess.
General Definition
Harassment prohibits speech or action which is severe or pervasive enough to create a "hostile or abusive work environment."
Types of Harassment
Race, Religion, Sex, and National Origin
Title VII of the Civil Rights Act of 1964 prohibits harassment on the basis of race, religion, sex, and national origin.
Age
A federal court in Indiana has held that harassment on the basis of age is unlawful under the Age Discrimination in Employment Act (ADEA).
Disability
This same federal court in Indiana held that harassment on the basis of disability was prohibited under the Americans with Disabilities Act (ADA). In a different case, a court in Florida held that "fat jokes" directed at an obese employee violated the ADA, as well. A New Jersey court has found that a person could bring a claim for disability harassment based upon two remarks made about his diabetic condition.
Status as a Veteran
- A court has held that a federal law prohibits "veteran status harassment." The court adopted an analysis similar to that used under Title VII of the Civil Rights Act of 1964 in finding that comments such as "psycho" and "baby killer," when directed toward a veteran, could constitute harassment.
Note: A number of states have specific statutes that prohibit harassment or discrimination against individuals based on their veteran status or their membership in the Armed Forces or National Guard.
- A handful of jurisdictions also prohibit discrimination based upon an unfavorable or less than honorable discharge from the military.
FAQs
- What should I do if I think I have been discriminated against in violation of the law?
- How do I know if an action is discriminatory in violation of the law?
- Besides hiring, what other aspects of the employment relationship are regulated by antidiscrimination laws?
- If an employer provides health insurance for its employees, must it offer coverage to employees with disabilities?
- Is an employer liable for hostile environment harassment?
Employees' Rights Resources
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