Workplace Harassment Law
Harassment at work is a form of employment discrimination, and it’s a violation of the 1964 Civil Rights Act. There are many forms of workplace harassment. In some cases, workplace harassment can be addressed in a court of law, though in many cases, it can be hard to prove. Employment lawyers on JustAnswer answer many workplace harassment law questions. Below are five of the top workplace harassment related questions.
What are the types of workplace harassment?
There are many different forms of workplace harassment. The different types range from sexual, racial, religious, gender, and age-related harassment. The problem arises when, in the workplace, harassment can be hard to prove. As a result, legal action is often not sought.
Many employers have what is called an “at will” employment. If you are an “at will” employee, technically you can be terminated for no reason at all. This can result in harassment or wrongful termination of service. Since harassment is, in most cases, your word vs. theirs, this form of harassment would fall into the category for termination if the employer deemed fit. However, if you can prove the harassment — have witnesses or pictures; this could be the deciding factor of your case. If you have any questions regarding workplace harassment related to wrongful termination, feel free to ask Lawyers on JustAnswer, they can help answer your questions to help you decide if you have a workplace harassment case.
Workplace harassment vs. hostile working environment
Workplace harassment is any type of unwelcome action taken from either one employee to the other, or by members of management towards their subordinates — this includes supervisors, and the boss/owner. Any unwelcome action towards an employee that prohibits the employee from performing job duties or makes the employee feel violated or uneasy can fall within the purview of workplace harassment. The most common form of workplace harassment is sexual and gender-related.
A hostile work environment is when an employee experiences acts directed towards them, that provokes a fear of going to work. Often, these acts are offensive behavior, or intimidation initiated by the harasser. Hostile work environments usually are in the form of yelling, being rude, but basically creating an environment of severe stress. Most times, hostile work situations are when a boss or manager engages in such situations of hostility that provoke the employee to resign.
Are verbal threats considered harassment?
Depending on the state you are in, verbal threats are also considered a form of workplace harassment, depending on the statues of law. In states like West Virginia, where verbal threats are considered harassment, until the harasser actually acts on the threats, it does not constitute a criminal offence. In such situations, you would normally have a civil recourse. If you are facing verbal threats, and want to know more about the laws in your area, the Experts on JustAnswer can help answer your legal questions.
Is slander the same as harassment?
Depending on the situation, slander is often considered a form of workplace harassment, especially if it is sexually oriented. Heinous lies, verbal attacks as well as vicious rumors can discredit a person and cause not only stress in the workplace, but in personal life as well. The law and statute of limitations for slander differ from state to state. However, in most cases, if you can prove the accusations you may also have a workplace harassment case. If you are facing issues in this area, feel free to ask Lawyers on JustAnswer, they will be glad to help answer your slander and harassment related questions.
Can someone accused of sexual harassment at work be reprimanded without investigation by employers?
Employers are bound by most states to show that some sort of investigation or reprimand was made in the event that an employee was accused of sexual or any type of workplace harassment. Since most employment is considered “at will”, someone accused of workplace harassment can be fired or terminated at any given point. Employers can also reprimand an employee by giving a verbal and written warning to be placed in the employee’s permanent record. Sexual harassment in the workplace is a serious accusation with legal implications. If you need help on any workplace harassment issues, you can take your questions to Employment Lawyers on JustAnswer for quick and reliable answers.
Listed above are just a few of the many questions related to workplace harassment that are asked and answered by the Experts on JustAnswer. Every situation can be different with its own legal nuances. If you are on either side of the workplace harassment fence, you can get reliable and quick answers to your toughest legal questions.