Know Your Rights: A Employee's Guide to Workplace Harassment

 

Facing harassment at work? Understanding your rights and options can empower you to take action and protect your career. Workplace harassment affects millions of employees across the United States, with harassment being unwelcome conduct based on a person's race, color, religion, sex, national origin, older age, disability, or genetic information. While employers have legal obligations to maintain harassment-free workplaces, employees have rights and remedies when those protections fail. This comprehensive guide outlines what every employee should know about reporting harassment, preserving their rights, and seeking justice.

 

Understanding What Constitutes Illegal Harassment

 

Not every unpleasant workplace interaction rises to the level of illegal harassment. Harassment becomes unlawful where 1) enduring the offensive 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. It's important to understand that not all workplace harassment is illegal. The laws enforced by EEOC do not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. However, for workplace harassment to be illegal, the conduct must either be severe (meaning very serious) or pervasive (meaning that it occurred frequently). Key Point for Employees: Some states have broader protections. For example, New York State no longer requires harassment be severe or pervasive before it is considered illegal. Harassment or discrimination is anything more than "petty slights or trivial inconveniences."

 

Six Critical Steps Every Employee Should Take

• Document Everything Immediately

It is important for you to document as much as you can about the harassment or other discrimination. Your documentation should include:

• Keep detailed records of every incident, noting the dates, times, locations, witnesses, and specific descriptions of the harassment. Save any written communication, such as emails or texts
• All evidence needed to support your claim including photos, videos, audio recordings of incidents of harassment, internal memos, direct messages or texts, emails and other communications between you and your employer

Why This Matters: Documentation forms the foundation of any successful harassment claim. Whether you're an ER/HR professional or the victim of harassment – documentation is key to making a case.

• Address the Harasser (When Safe to Do So)

Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation. However, if you experience workplace harassment, consider addressing the matter directly with the person involved – but only if you feel safe doing so. Your safety is paramount.

• Report Through Internal Channels

If you are being harassed at work, you have a responsibility to tell your employer. When reporting internally:

• Make your complaint in writing. Include all the details; try not to leave anything out. Keep a copy of your written complaint in your records
• If the person you're required to report to is actually the perpetrator, you have the right to make the report to his or her supervisor instead. If you're not sure who to report to, you can make a complaint to any supervisor or the head of the company, and they will have the legal responsibility to act in a timely matter and to stop the harassment

Important: If you do not promptly report workplace harassment, it may affect your rights.

• Understand Your Protection Against Retaliation

You have a legal right to report harassment, oppose it in the moment, and even participate in a harassment investigation or lawsuit, without being retaliated against for doing so. Your employer also must make sure that you are not punished, treated differently, or harassed for reporting harassment. EEOC FY 2020 data reveals that retaliation claims constitute about 55.8% of all filed charges, indicating its prevalence. However, the law is on your side.

• File with Government Agencies When Necessary

If internal reporting fails or if you don't feel safe reporting internally, you have options:

• In most cases, you must file a charge within 180 calendar days with the EEOC
• For any employee that does not feel safe to report harassing behavior at work, including those that do not trust management to take it seriously or those that work in a small company without a separate individual to report to, NYS DHR and EEOC are available options, as well as some local government agencies, including the New York City Commission on Human Rights. Workers may file complaints with any of these state, federal, or (where applicable) local government agencies

• Seek Legal Counsel Early

You're encouraged to seek legal guidance as you navigate this process. After you file a report with the EEOC, learn how to get legal aid or find a lawyer.

 

Understanding Your Potential Remedies

 

If you succeed in proving harassment, various forms of compensation may be available:

 

Financial Compensation

• Back Pay and Lost Wages: Lost wages include back pay for any wages lost due to wrongful termination, retaliation, or being forced to quit from sexual harassment
• Front Pay: If you do not get reinstated in your employment position, you may receive front pay. Front pay includes any money that you could make with an employer after the lawsuit ends until you start a new job
• Medical Expenses: You may recover your expenses for mental health treatment, such as therapy or psychiatric medication

Emotional Distress Damages

 

Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).

Federal Damage Caps

 

It's important to understand that there are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000. For employers with 201-500 employees, the limit is $200,000. For employers with more than 500 employees, the limit is $300,000.

Additional Remedies

• Reinstatement: If you were wrongfully terminated or forced to resign due to workplace harassment, you may be entitled to reinstatement or job restoration
• Attorney's Fees: A victim of discrimination also may be able to recover attorney's fees, expert witness fees, and court costs
• Policy Changes: Courts may order employers to implement new policies and training programs

Red Flags: When Internal Policies Fail You

 

Be aware of these warning signs that your employer's anti-harassment policy may be inadequate or improperly implemented:

• Lack of multiple reporting channels
• No clear investigation procedures
• Failure to protect against retaliation
• Inadequate training or policy communication
• Delayed or superficial investigations
• No follow-up after complaints

Your Rights Are Protected by Law

 

Remember that harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Remember: you have the right to report attempted or actual assault to the police, as well as your employer, at any time.

 

Taking Action: You Don't Have to Face This Alone

 

If you succeed in your lawsuit, not only will you succeed in stopping the harassment, you will also recover monetary damages for the harm you suffered as a result of the harassment. There are limits, called "caps," on how much you can recover under federal and state laws, but it is typically enough to fully compensate you. If you are uncomfortable or the workplace environment is intolerable due to harassment of any kind, you have the right to file a complaint. You also have the right to potentially pursue compensation.

 

Conclusion

 

Workplace harassment is illegal, and you have both rights and remedies available to you. You have the right to a respectful workplace, and working with our firm to take action now can help you attain it. Don't let fear of retaliation or uncertainty about the process prevent you from taking action. All workers making a complaint in good faith should do so. It is not your job to know if your treatment is unlawful. An investigation will determine that. If you're experiencing workplace harassment, document everything, report promptly, and seek qualified legal counsel to understand your specific rights and options. Every employee deserves a workplace free from harassment, and the law provides meaningful protections and remedies to help ensure that right is respected.