Do you feel that going to work has become a nightmare? Does a supervisor or coworker constantly insult, humiliate, or exclude you? That has a name: workplace harassment. And the most important thing you need to know today is that the law protects you, regardless of your immigration status.
In this article we explain what workplace harassment is, how to recognize it, what the law says in the United States, and most importantly, what evidence you need to sue and win your case. Because at Conexión Legal we know that many Hispanic workers suffer in silence out of fear or lack of information. Today that ends.
What is workplace harassment?
Workplace harassment, also known as mobbing or harassment in the workplace, is a set of hostile, repeated, and intentional behaviors that seek to humiliate, destabilize, exclude, or intimidate a worker.
It can come from a boss, a supervisor, a coworker, or even an agent of the employer, such as a contractor or a client that the company allows to mistreat you.
There are two key elements that define workplace harassment:
- Repetition over time. An isolated and unfortunate comment may be offensive, but workplace harassment is characterized by conduct that repeats itself over and over. For example, if your supervisor yells at you in front of everyone every week, assigns you the worst tasks systematically, or excludes you from important meetings without reason, that is a pattern of harassment.
- A hostile work environment. Federal law speaks of conduct that is so severe or frequent that it creates a hostile or abusive work environment, or that results in a negative employment decision against the victim, such as termination, demotion, or a cut in hours.
In this sense, the hierarchy between those involved does not matter. Workplace harassment occurs both from boss to employee (vertical harassment) and among coworkers at the same level (horizontal harassment). What matters is the harm it causes and, in many cases, that the employer knows what is happening and does nothing to stop it.
Types of workplace harassment
Recognizing the types of harassment is the first step to defending yourself. These are the most common:
Verbal harassment
Insults, yelling, offensive nicknames, mockery of your accent or the way you speak, threats, and public humiliation. It is the most frequent type of harassment and the one that many workers normalize. Do not normalize it: it is illegal when it creates a hostile work environment.
Psychological harassment
It seeks to destroy a person's dignity and emotional integrity. It includes social exclusion, blocking information you need to do your job, assigning you impossible tasks or taking away all your duties to make you feel useless, and constant intimidation.
Physical harassment
Pushing, hitting, threatening gestures, or any threat of violence. In extreme cases it can escalate to direct assault. If this happens to you, in addition to a labor case you may have a criminal case against the aggressor.
Sexual harassment
Unwanted advances, touching, comments about your body, requests for sexual favors in exchange for keeping your job or getting a promotion. Sexual harassment is one of the most serious forms of workplace harassment and the law punishes it harshly.
Discriminatory harassment
It occurs when you are attacked because of a protected characteristic: your race, skin color, national origin, religion, sex, age, disability, sexual orientation, or gender identity.
If you are treated worse for being Latino or for speaking Spanish, that is discriminatory harassment and it is exactly the type of case that federal law prohibits.
Cyberbullying at work
Harassment also comes through messages, emails, work WhatsApp groups, or internal company platforms. Abusive messages, humiliating memes about you, or threats through chat count as harassment, and they also leave written evidence. Save everything.
What does the law say about workplace harassment in the United States?
Federal law prohibits harassment in the workplace when it is based on protected characteristics. The agency responsible for enforcing these laws is the EEOC (Equal Employment Opportunity Commission), which investigates complaints of discrimination and harassment against employers.
Additionally, several states where we serve the community have even stronger laws:
- California: the Fair Employment and Housing Act (FEHA) prohibits workplace harassment, including non-sexual harassment, and protects employees of virtually all companies. It also requires employers to train their staff on harassment prevention.
- New York: state law protects workers from harassment and applies to employers with very few employees, with a standard more favorable to the victim than the federal standard.
- Illinois: the Illinois Human Rights Act prohibits harassment and discrimination in employment and requires annual training on sexual harassment.
And here is the most important thing for our community: these laws protect all workers, whether or not you have documents. Your immigration status does not invalidate your case. We are an ICE-free zone and we say it with pride: your safety is our priority.
The consequences of harassment: why you should not wait
Workplace harassment causes serious damage to the victim's physical and mental health. Victims often develop anxiety, depression, insomnia, chronic headaches, and gastrointestinal problems.
Many need therapy for months or years to recover their normal lives, and in extreme cases the damage can cause permanent disability to work.
This damage matters not only for your health. It also matters for your case, since the compensation you can claim includes medical and therapy expenses, lost wages if you had to leave your job or were fired for complaining, and damages for the emotional suffering you experienced.
What evidence you need to sue for workplace harassment
This is the part that decides cases. A good lawyer can fight for you, but the evidence is what convinces the insurance company, the EEOC, or the jury. This is what you should start gathering today:
1. A detailed record of each incident
Write down the date, time, location, what exactly happened, what was said to you word for word if possible, and who was present. Do this the same day each incident occurs, while you remember it clearly. This diary is one of the most powerful pieces of evidence because it demonstrates the pattern and repetition over time.
2. Emails, messages, and screenshots
Save every email, text message, WhatsApp chat, or internal communication where harassment appears. Take screenshots and send them to your personal email. Do not delete anything, even if it embarrasses or angers you to read it.
3. Witnesses
Identify other people who saw or heard the harassment: coworkers, customers, cleaning staff, whoever. Write down their names and, if possible, their contact information. Many cases are won because a witness confirmed the victim's version.
4. Your complaints to human resources
If you have already reported the harassment, keep a copy of the complaint and any response. If you made a verbal complaint, send an email afterwards confirming it in writing ("As I mentioned to you in person today..."). This proves two things: that you acted correctly and that the employer knew what was happening. If they then do nothing to stop it, their legal responsibility increases.
5. Medical and psychological records
If the harassment caused you anxiety, depression, insomnia, or any health problem, see a doctor or therapist and tell them what you are experiencing at your workplace. Those records connect the harm to the harassment and support your claim for compensation.
6. Your employment history
Performance evaluations, commendations, schedules, and pay stubs, among other documents. They serve to demonstrate that you were a good worker and that the mistreatment or retaliation was unjustified. They are especially useful if you were fired or had your hours cut after complaining.
How to file a complaint step by step
- Report the harassment internally. Follow your company's procedure and file a complaint with human resources or your supervisor, always in writing. If the harasser is your supervisor, report it to a higher level or directly to human resources.
- Continue documenting. If the harassment continues or if you suffer retaliation for complaining, write it all down. Retaliation is illegal in itself and strengthens your case.
- File a complaint with the EEOC or state agency. However, be careful about deadlines: generally you have between 180 and 300 days from the last incident, depending on the state. That is why it is crucial to act quickly.
- Talk to a lawyer before signing anything. If the company offers you a settlement, a "voluntary" resignation, or a document from the insurance company, do not sign anything without legal advice. You could be giving away your right to much greater compensation.
Frequently asked questions about workplace harassment
Can I sue if I don't have papers?
Yes. The law protects all workers in the United States, with or without documents. Victims of harassment have the same rights regardless of their immigration status.
What if the harasser is my coworker and not my boss?
You can still claim. The employer is responsible when they know of harassment between coworkers and do nothing to stop it.
How much does it cost to sue?
With us, nothing upfront. We work on contingency fees: if you don't win, you don't pay. The consultation is free and in Spanish.
How much time do I have to act?
Not much. The deadlines for filing a complaint with the EEOC run from the last incident. Every day that passes, evidence and witnesses are lost. Call us today.
You are not alone: we defend your cause
We know how it feels. The fear of losing your job, the doubt of whether they will believe you, the concern about your papers. But staying silent only protects the harasser.
At Conexión Legal we connect the Hispanic community with specialized lawyers who speak your language and understand your situation. We evaluate your case for free, assign you a lawyer in less than 24 hours, and you don't pay anything until you win.
Call us now at 866 701 1220. 24/7 service in Spanish. Free and confidential consultation. ICE-free zone.
