How Do Harassment and Discrimination Overlap?
Facing harassment or discrimination in the workplace can be a deeply troubling experience. As an employee, you have the right to a work environment free from hostility and unfair treatment. However, understanding the nuances of harassment and discrimination—and how they often overlap—can be complex. This blog aims to clarify these concepts, so you know when your rights are violated and what steps you can take to protect yourself.
Understanding Harassment in the Workplace
Harassment in the workplace is any unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information. This conduct becomes unlawful when it creates a work environment that would be intimidating, hostile, or offensive to reasonable people. Harassment can take many forms, including offensive jokes, slurs, threats, physical assaults, intimidation, ridicule, insults, offensive pictures, and interference with work performance.
The key element of harassment is that it is pervasive or severe enough to create a work environment that a reasonable person would find hostile or abusive. Importantly, harassment does not necessarily need to result in tangible job consequences like being fired or demoted. It is enough for the conduct to be severe or pervasive enough to alter the conditions of your employment and create an abusive work environment.
Understanding Discrimination in the Workplace
Discrimination occurs when an employer treats an employee less favorably because of their race, color, religion, sex, national origin, age, disability, or genetic information. Discrimination involves actions that negatively affect employment terms, conditions, or privileges, including hiring, firing, promotions, pay, job assignments, training, fringe benefits, and any other terms or conditions of employment.
Discrimination is unlawful when it is based on a protected characteristic and results in unequal treatment. For example, if an employer refuses to promote a qualified employee because of their gender, this would constitute discrimination. Discrimination can be overt, such as a direct statement that an employee is not being promoted due to their race, or it can be more subtle, like consistently assigning less desirable tasks to employees of a particular national origin.
How Harassment and Discrimination Overlap in the Workplace
Harassment and discrimination often overlap, as harassment can be a form of discrimination. When harassment is based on a protected characteristic like race, gender, or disability, it may also be considered discrimination under the law. For example, if an employee is subjected to offensive jokes or slurs because of their race, and this conduct creates a hostile work environment, it is both harassment and discrimination.
In many cases, the conduct that constitutes harassment is also discriminatory because it treats the victim differently based on a protected characteristic. However, while all harassment based on a protected characteristic can be considered discrimination, not all discrimination involves harassment. Discrimination may include decisions or actions that affect employment without creating a hostile work environment. For instance, refusing to hire someone based on their religion is discrimination, but it may not involve the hostile conduct typical of harassment.
Examples of Overlapping Harassment and Discrimination
- Sexual Harassment: A female employee may face unwanted advances, sexual jokes, or comments from her male coworkers or supervisors. If these actions create a hostile work environment, they constitute both sexual harassment and gender discrimination.
- Racial Harassment: An employee who is consistently subjected to racial slurs, offensive stereotypes, or exclusion from workplace activities because of their race is experiencing both racial harassment and racial discrimination.
- Disability Harassment: An employee with a disability may be mocked, excluded, or subjected to offensive remarks about their condition. When these actions create a hostile work environment, they represent both harassment and discrimination based on disability.
What You Can Do If You Experience Harassment or Discrimination?
If you believe you are experiencing harassment or discrimination in the workplace, it is essential to take action. Document the incidents as they occur, noting dates, times, locations, and any witnesses. This documentation can be crucial if you decide to file a complaint with your employer or take legal action.
You should also report the conduct to your employer according to your company’s harassment and discrimination policies. Many companies have procedures in place for investigating complaints, and you are entitled to have your concerns addressed. If your employer does not take appropriate action or you face retaliation for reporting harassment or discrimination, you may need to seek legal advice.
The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Will Help if You Are Experiencing Harassment or Discrimination in the Workplace
If you are facing harassment or discrimination in the workplace, you do not have to navigate this difficult situation alone. Speak with the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. about how we can help you. Contact us online or at 215-574-0600. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey, including South Jersey.
