Employment Law

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What is the difference between discriminate and harassment,

Customer Question
What is the difference...

What is the difference between discriminate and harassment

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California and employer is San Joaquin County

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am full time and union member in good standing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not sure what is needed

Submitted: 8 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/19/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,388
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Discrimination and harassment can be one and the same. The difference is the basis for the treatment.

Harassment just generally describes behavior intended to annoy, threaten, scare or cause discomfort. A person can be harassing someone and it not be discrimination, because the underlying basis for the treatment is not race, religion, gender, age, disability or recent FMLA use (protected categories).

Discrimination involves differing treatment based on race, religion, gender, age, disability, FMLA use and some other statutorily created protected classes. If a person is directing harassment at a woman AND that harassment is because she is a woman, that is discrimination and harassment. Just as you can have harassment without discrimination, you can also have discrimination without harassment. Promoting one person over another, based on race, religion, gender, age, etc. is not harassment, but it certainly is discrimination.

Now, discrimination is always illegal. Harassment CAN be illegal, but it can also just be considered workplace politics, which isn't illegal. When you have a union involved, harassment can be a violation of the collective bargaining agreement and then could be a civil wrong, even in the absence of discrimination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,388
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Experience: Employment/Labor Law Litigation

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