What is the legal definition of harassment?

At least a few times a year, one of your managers, or one of their employees, will get into a situation and need to ask, “What is the legal definition of harassment?” Now, while this is usually a very loaded and stress inducing question to be asked by a manager, this article will just focus on giving you an overview of the legal definition.
 
So, what is the legal definition of harassment? Harassment is a kind of discrimination that can erupt from a handful of different categories. First, let’s highlight a few of the different types:

Sexual harassment
  • Unwanted sexually explicit words or advances, gestures and images.
  • Applying a positive or negative personnel action based on accepting or refusing sexual advances.
  • Can also be based on negative treatment on the basis of gender.
Race harassment
  • Most often occurs as offensive comments, jokes, gestures.
  • Includes even when the victim and harasser are the same race.
Religious harassment
  • Usually involves jokes, or other demeaning conduct based on a person’s religion and religious observances of holidays or dress.
  • Attempting to force an employee to participate or not participate in religious activities also constitutes religious harassment.
Other harassment categories
  • National origin harassment
  • Disability harassment
  • Age harassment
  • Genetic Information
 
Delivery - Harassment can occur
  • In person
  • In writing
  • By telephone (voice, text messaging)
  • Via e-mail
  • Or through any other means of communication. (text messaging, instant messaging)
Harassment can be physical, verbal or visual. Examples of verbal harassment include but are not limited to unwelcome comments, jokes, insults and name-calling. It can include any other words and conduct that demean, stigmatize, intimidate, or single out a person because of his or her sex, race, color, religion, national origin, age, disability or other legally protected status.
 
Examples of physical or visual harassment include but are not limited to unwelcome physical contact, damaging personal property, possession or display of derogatory pictures or other graphic materials.
 
So you see, the answer to, “What is the legal definition of harassment” has a long answer. Consult with your HR professionals to make sure you have your policies developed, documented and distributed to your employees.
 
The following resources can help with your research:
 
The Equal Employment Opportunity Commission’s (EEOC) Harassment information page has good information, as well as additional resources on the right-hand side of their page.
 
 
 
 
 Modern Business Associates is an HR company that frequently helps companies with their business issues.  As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.