Understanding Workplace Harassment: Defining a Hostile Environment

Workplace harassment is a pervasive issue that can create a hostile work environment, affecting the well-being and productivity of employees. Understanding what constitutes harassment and taking steps to prevent it are crucial for maintaining a healthy work environment. 

This article delves into the definition of harassment, provides examples of harassing behavior, outlines steps to prevent harassment, and underscores the importance of harassment training. 

What Is the Definition of Harassment? 

The harassment definition in the workplace refers to unwelcome conduct based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. 

This conduct becomes unlawful when enduring it becomes a condition of continued employment or it is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. 

What Constitutes Harassment?

According to the Equal Employment Opportunity Commission (EEOC), harassment can include offensive jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

In the workplace, harassment happens in a variety of situations, including:

• The harasser could be the victim’s supervisor, a supervisor in another area, an agent of the employer, a coworker, or a non-employee.
• The victim does not have to be the person harassed. Anyone affected by the offensive behavior could be a victim.
• Unlawful harassment can happen even when the victim is not financially harmed or fired. 

What Is a Hostile Work Environment? 

A hostile work environment occurs when an employee's ability to perform their job is significantly hindered by the actions or words of a manager, supervisor, or coworker. 

According to the U.S. Equal Employment Opportunity Commission (EEOC), for an environment to be legally defined as hostile, it must meet specific criteria. The environment becomes hostile when:

• Unwelcome conduct or harassment is based on race, sex, pregnancy, religion, national origin, age, disability, or genetics. 
• The harassment is persistent and occurs over a prolonged period. 
• The behavior is severe enough to create an intimidating, offensive, or abusive work environment. 

It's important to remember that employees are legally protected from harassment and from any failure on the part of the employer to address and prevent it.

Types of Harassment 

Workplace harassment can manifest in various forms, making it challenging to identify at times. Understanding the different types and signs of workplace harassment is the first step in helping you identify it when it affects you or a coworker.

Discriminatory Harassment

Discriminatory harassment is defined by its intent rather than its execution. This includes behaviors displaying racial, gender, religious, and disability-based harassment.

Verbal Harassment

Verbal harassment involves demeaning comments, offensive gestures, and irrational criticism. It may include insults, slurs, unwelcome jokes, and harmful remarks.

Psychological Harassment

Psychological harassment uses exclusionary strategies like withholding information or gaslighting to mentally debilitate the victim, undermine their self-worth, and remove their confidence.

Digital Harassment

Digital harassment occurs online and can be just as harmful as in-person bullying. This includes cyberbullying. With social media becoming more common in the workplace, it's becoming easier to harass others through online platforms.

Physical Harassment

Physical harassment varies in severity, from touching an employee's clothing, hair, face, or skin to more severe behaviors like physical assault, threats of violence, and damage to personal property.

Sexual Harassment

Unwanted sexual advances, including inappropriate touching, sexual jokes, exchanging pornography, sending sexual messages, or asking for sexual favors in exchange for a promotion or job security, are all considered sexual harassment.

Personal Harassment

Personal harassment includes any behavior that creates an offensive or intimidating work environment, regardless of the victim's protected class. This can manifest in inappropriate remarks, hurtful jokes, intimidation tactics, and demeaning behaviors. 

Other forms of harassment to understand include: 

• Power harassment
• Retaliation harassment
• Third-party harassment
• Prevention harassment
• Quid pro quo harassment

Examples of Harassment in the Workplace 

Harassment can take many forms, impacting a worker's performance, comfort, and safety. Here are some examples:

• A supervisor or coworker who physically brushes up against an employee whenever walking past them.
• A supervisor or coworker consistently removes and hides equipment and/or materials from a victim's workspace, preventing them from performing their tasks.
• A worker of one race whose workstation is next to a worker of another repeatedly posts racially offensive imagery, even after being asked to remove it.
• A supervisor who consistently rejects an employee's request to attend staff meetings or refuses to inform the employee about company social events or opportunities for advancement if they are of another race or sexual orientation.

These examples highlight different types of harassment that can create a hostile workplace environment. 

Additionally, to help you decide whether a situation or environment is considered hostile, consider asking the following: 

• Was the behavior in question unwelcome?
• Did the incidents occur multiple times over a while?
• Did the behavior target someone whose class is protected?

Steps to Prevent Harassment in the Workplace 

Preventing harassment requires a proactive and comprehensive approach. Here are some essential steps:

1. Establish Clear Policies

Create and enforce a clear anti-harassment policy that defines what constitutes harassment and outlines the consequences for engaging in such behavior. Ensure that this policy is communicated to all employees.

2. Foster a Respectful Workplace Culture

Promote a culture of respect and inclusion where employees feel safe to speak up about their concerns. Encourage open communication and respect for diversity.

3. Provide Regular Training

Regular harassment training is vital to educate employees about acceptable behavior and the consequences of harassment. Training should also include information on how to report harassment and the procedures for handling complaints.

4. Implement a Reporting System

Implement a confidential and accessible reporting system for employees to report incidents of harassment without fear of retaliation. Make sure all complaints are taken seriously and investigated quickly.

5. Take Immediate Action

When harassment is reported, take immediate and appropriate action to investigate and address the issue. This may include disciplinary measures, counseling, or other corrective actions to prevent recurrence.

6. Support Affected Employees

Provide support to employees who have experienced harassment, including counseling services and assistance in understanding their rights and options. 

If you believe someone is creating a hostile workplace environment and making you feel uncomfortable, it is important to report the incident. For more information on hostile work environments, visit the Equal Employment Opportunity Commission (EEOC) website. 

Why Is Harassment Training Important? 

Harassment training is a critical component of preventing a hostile work environment. It helps employees recognize and understand different forms of harassment, empowering them to take action when they witness or experience it. Training also reinforces the organization’s commitment to a safe and respectful workplace, which can improve overall morale and productivity. 

The American Medical Association emphasizes that sexual harassment in the practice of medicine undermines the trust necessary for a healthy patient-physician relationship and the integrity of the medical profession. This principle applies across all industries, highlighting the importance of addressing harassment to maintain professional and ethical standards.

Interested in harassment training for yourself or your employees? Take our online Sexual Harassment Training by 360training, or if you’re a manager, we offer Sexual Harassment Training for Managers. Prevent workplace harassment and sign up today!