Harassment and discrimination—two words no one wants to hear or experience, especially in the workplace. While at work, employees expect to be in a professional, safe, and respectful environment. However, for many employees, this is not the case. Employees are often subject to both harassment and discrimination, regardless of company size or job title. Unfortunately, there is a common misunderstanding of what exactly constitutes workplace harassment and discrimination. By having a clear understanding of what they are and how they can be connected, employees will gain a deeper understanding of how to protect themselves. Ultimately, everyone deserves to know their rights and their legal options.
When employees face uncomfortable or confrontational situations that are unwanted and include derogatory physical or verbal abuse because of their protected status, they are experiencing workplace harassment. For example, harassment can include unwelcome sexual physical contact, disparaging terms about an individual’s race, inappropriate comments about physical appearance, or mocking a co-worker’s accent or dress due to their nationality and religion. Specifically, workplace harassment can include unwanted sexual advances, intimidation, inappropriate and vulgar jokes or behaviors, and physical threats. In contrast, workplace discrimination occurs when an employee experiences unfair or different treatment compared to their co-workers as a result of membership in a protected class.
Protected classes include characteristics such as disability, sexual orientation, nationality, race, age, and gender. In other words, workplace discrimination occurs when an employee experiences treatment different from that of equal co-workers who are not in the same protected class. Examples of discrimination include firing a BIPOC employee for misconduct when non-BIPOC employees only receive disciplinary action, compensating a female manager less than her male co-workers, and allocating less favorable tasks to Muslim employees. Understanding what workplace harassment and discrimination look like makes it easier to recognize their differences. However, it is possible for employees to experience both harassment and discrimination simultaneously. Examples include female employees receiving physical threats for reporting unwanted sexual advances or BIPOC employees being subject to vulgar jokes while receiving less favorable assignments than their non-BIPOC co-workers.
1. Document Any Discriminatory or Harassing Actions
When employees are exposed to discriminatory or harassing actions, it is essential to document every specific detail to avoid the risk of forgetting crucial information. This includes what happened, where it happened, and when it took place. This meticulous approach ensures that no vital facts are overlooked. Identification of witnesses and those involved is equally important, as their testimonies can corroborate your claims. Recording what was said or done by each party, including yourself, provides a more accurate and comprehensive account of the incident. Contemporaneous notes, which are records created close in time to the events they describe, hold significant weight as evidence in cases of harassment and/or discrimination.
Employees should be mindful that documentation serves as a cornerstone in building a strong case should legal action become necessary. Keeping detailed notes can make the difference between a successful resolution and a dismissed claim. Documentation should be factual and free from emotional bias to maintain credibility. Additionally, maintaining privacy regarding these records is critical to avoid any repercussions or breaches of confidentiality. By taking these steps, employees create a solid foundation to address the unlawful behavior they have encountered and prepare for possible legal proceedings.
2. Maintain Professionalism
While enduring harassment or discrimination, it is crucial to maintain professionalism when addressing unwanted behavior, ensuring that the response does not escalate the situation. Communicating that the behavior is unwelcome should be done calmly and professionally. A follow-up note further reiterates the discomfort and provides a paper trail, supporting the claim of unwelcome conduct. This approach underscores the seriousness of the situation without compromising the employee’s integrity. If direct confrontation feels unsafe or unmanageable, reporting the conduct to Human Resources (HR) as soon as possible is advisable.
In such scenarios, discretion is paramount. Avoid discussing the situation with co-workers, particularly on company property, during work hours, or using company-controlled communication channels like Slack or work email. Such discussions could inadvertently jeopardize the privacy of your case or cause unnecessary workplace tension. HR departments are tasked with handling such complaints mainly, and your goal should be to present the situation clearly and professionally to them. This measured response helps ensure that your concerns are taken seriously while maintaining workplace harmony.
3. Report Workplace Discrimination if Feasible
When considering reporting workplace discrimination, it’s essential to understand that your workplace might have established protocols and processes. Familiarizing yourself with these procedures can guide your actions and provide insight into what to expect. However, there are instances where reporting may not be straightforward or even feasible. For example, dealing with discrimination at the hands of a CEO or other high-ranking officials can complicate the process, as internal reporting mechanisms may not suffice or be available. In such cases, seeking advice from an attorney is strongly recommended. Legal counsel can offer guidance on the best steps to take, ensuring that your case is handled appropriately and your rights are protected.
It is crucial to remember that HR’s primary role is to safeguard the company, not specifically the employee. While HR may assist in addressing the issue, they may not always have your best interests at heart. This knowledge empowers employees to approach the situation with the necessary caution and awareness. External legal advice can be indispensable in these situations, providing an objective perspective and helping navigate potential conflicts of interest within the organization. Being well-informed and strategic in your approach increases the likelihood of achieving a favorable outcome while mitigating personal risks.
Ready to Speak Up? Consult Your Attorney
Harassment and discrimination are two issues no one wants to face, especially at work. Employees expect a professional, safe, and respectful workplace, yet many still encounter these problems. Misunderstandings about what constitutes workplace harassment and discrimination are common, so it’s important to understand their definitions and connections. Knowing their rights helps employees protect themselves.
Workplace harassment includes unwanted, derogatory physical or verbal abuses tied to an individual’s protected status. Examples include unwanted sexual contact, derogatory remarks about race, or mocking someone’s accent due to nationality. Harassment also covers unwanted advances, intimidation, vulgar jokes, and physical threats.
Workplace discrimination, on the other hand, happens when an employee is treated unfairly compared to co-workers because they belong to a protected class, such as disability, sexual orientation, nationality, race, age, and gender. For instance, discrimination includes firing a BIPOC employee for misconduct while only disciplining non-BIPOC employees for the same actions or paying women less than men for the same role.
One can face both harassment and discrimination simultaneously. Examples include female employees receiving threats for rejecting advances or BIPOC employees enduring vulgar jokes while being given less favorable tasks. Recognizing and understanding these behaviors is the first step to combatting them in the workplace.
