Workplace harassment is a standard part of employment law. Sexual harassment and discrimination may often be the first to come to mind when you consider workplace harassment, but there are many more ways someone can make you feel uncomfortable or unsafe in your workplace. At The Armstrong Law Firm, our San Francisco harassment attorney takes these encounters seriously and will fight for your right to a healthy and safe workplace.
San Francisco Workplace Harassment
Harassment is considered a form of discrimination in California. The Equal Employment Opportunity Commission defines it as unwelcome conduct based on protected factors. While petty behaviors may be frustrating and annoying, they may not meet the criteria of illegal harassment. Still, if it is pervasive, intimidating, or creates a hostile work environment, it may. Harassment can present itself in several ways, including:
- Gestures
- Jokes
- Comments
- Threats
This is not an exclusive list, and each situation is nuanced. The harasser can be anyone in the workplace, including a coworker, an affiliate of the employer, a supervisor, or someone who is not an employee. Additionally, you do not have to be the person experiencing harassment to be a victim. Simply witnessing the exchanges can instill feelings of intimidation. Further, you can experience illegal harassment without experiencing financial loss or termination from your position.
Individual Harassment
When someone is harassing, it may be challenging to qualify as employment harassment if the motives are not obvious. However, an attorney may be able to help you gather evidence to support that the harassment is based on motivations related to discrimination or retaliation. These include:
- Race
- Color
- National origin
- Gender identity/sexual orientation/pregnancy
- Religion
- Disability
- Age
- Genetic information
- Reporting concerns of unethical or illegal activity
- Reporting behavior to a supervisor or Human Resources.
Verbal Harassment
Verbal abuse and harassment are challenging behaviors that many of us will face when we work with others who cannot communicate effectively. If your supervisor or co-worker is berating you, calling you names, or humiliating you and leadership does not act quickly to stop it, you may be facing discrimination, retaliation, or harassment.
Sexual Harassment
Sexual harassment occurs when you experience unwanted sexual advances. This can include verbal or visual conduct that is sexual in nature. The California Civil Rights Department provides examples of sexual harassment that can also include behaviors such as leering. Common types of sexual harassment include quid pro quo, which suggests you will receive benefits in exchange for sexual behavior.
Racial Harassment
Despite some degree of social advances, racism and racial harassment or discrimination in the workplace are still unnervingly common. More than 60% of black employees reported witnessing or experiencing racism in recent years. Racial harassment occurs when someone engages in unwanted interactions relating to race that can include jokes, statements, gestures, or threats.
Retaliation
Retaliation is a common form of discrimination or harassment related to participating in legal or otherwise allowed activity. This activity may include reporting concerns about your employer to governing bodies, taking FMLA, or going to Human Resources with complaints about your supervisor. If your supervisor or coworker’s treatment of you changes negatively or you experience adverse employment reactions following your activity, this may be considered retaliation.
Dealing with Harassment
Human interactions and relationships can be complicated and challenging. Nuance and context may be essential for determining whether your treatment meets the standard of harassment or retaliation. It can be beneficial to follow the appropriate chain of command designated by your employer when you experience problems in the workplace. This will give you opportunities to share concerns and have the problem rectified before it escalates to illegal levels. If that doesn’t work, you may decide to seek legal counsel.