Workplace harassment may be considered illegal depending on the particularities of each case.
Workplace harassment is an offensive or inappropriate behavior that occurs frequently by any employee of a company towards another, to the point of creating a hostile work environment. Ironically, this behavior is more frequent among employees at the same level than by supervisors as is commonly assumed and can be both physical and verbal.
Types of workplace harassment
Personal workplace harassment
This occurs when one person intimidates another in order to provoke fear or coerce a behavior; also if one is assaulted in a physical manner.
Verbal workplace harassment
If you are subjected to threats, yelling, or insults.
Sexual workplace harassment
When a person makes unwanted and inappropriate sexual advances or insinuations.
Discriminatory workplace harassment
If a person receives offensive comments based on their gender, sexual orientation, race, or age, among others.
Retaliation workplace harassment
A person who is intimidated for having acted against reprehensible behavior or institutional violations.
Workplace harassment with indecent proposals
When a person offers another something of value in exchange for sexual favors.
While a person who suffers from workplace harassment may experience emotional damage, not all versions of this behavior qualify as illegal, so it is vital to have evidence when taking legal action against this scourge, otherwise a legal action may be reversed and end in a defamation and moral damages claim against the victim.
If you are a witness or victim of a workplace harassment situation, contact us and we will provide you with free advice on how to proceed with your case. You can also exhaust the following remedies before seeking legal advice:
- Talk to the harasser and explain that their behavior is offensive and makes you feel uncomfortable.
- Report to your employer or human resources department the situation you are experiencing so they can implement the established procedures for such a case.
- If the behavior continues, keep a detailed diary of each episode, even if they are minor situations.
- File a complaint with the Equal Employment Opportunity Commission (EEOC) so that together with your employer they can reach an agreement.
- If the commission fails to reach an agreement, you will have the right to file a lawsuit to resolve the situation.
Remember that your employer may not retaliate for exercising your rights in the workplace, as they would be engaging in illegal behavior.
At Conexión Legal, we have lawyers who are experts in labor law ready to help you; we understand the difficult situation you are going through, so we offer our services free of charge to the Latino community in the United States. Call us at 1-800-201-1220 and receive advice.
Call us at 1-800-201-1220 and receive free telephone advice.
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