Harassment in the Workplace
The law prohibiting the harassment of an employee comes from the prohibition against changing the terms and conditions of employment based on, in Maryland, the employee's race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, or disability.
Two aspects of this kind of claim are
- that the harassment pertained to the worker's race, ethnicity, religion, etc.
- that the harassment severely interfered with the worker's work
Common Myths about Harassment in Employment
Myth 1- - The harassment has to be about sex.
"Sexual harassment" can be about sex but the harassment really pertain to the worker's gender.
A manager's constant infringements on a female worker is equally as impermissible as a group
of male workers asserting negative characteristics to women in general.
Myth 2- - Any crude joke is harassment.
A single instance of uncouth conduct does not typically create a work environment that can reasonably
be viewed as hostile. While there is no specific number of jokes or comments that trigger a claim,
the courts generally require that the conduct pervade the workplace.
Myth 3- - Only a direct target of the harassment has a claim.
If the men in a workplace make crude jokes about co-worker Jane, Jill may reasonably feel a hostility
towards women generally. In another example, insulting remarks about those of a specific religion
or ethnicity can create a hostile environment for a worker whose identity with the insulted religion
or ethnic group is unknown to those making the insults.
Myth 4 - - A defense of harassment is that there
was no evil intent to upset anyone.
A claim of harassment focuses on the effect of the harasser's conduct. The intent may be relevant
for determining the extent of the damages to be awarded.
How I Can Help You
For reasons both economic and emotional, many people accept a certain amount of incivility. Harassment in the workplace harms everyone. Misconduct of this kind, when allowed to fester, damages the victim, the tormenter, and the business.
Stand up for your rights and demand respect as an equal. Contact me. My consultations are free.