In the United States, various federal and state laws protect employees from discrimination in the workplace. Some forms of discrimination are obvious while others are more subtle.

Harassment, for example, can rise to the level of discrimination if the conduct is extreme and/or ongoing. Furthermore, it does not have to be your employer who is harassing you.

The conduct of another employee can amount to actionable harassment in the workplace. If you are the victim of workplace harassment you need to know what an employee should do about harassment by another employee.

Several federal laws address harassment in the workplace, including Title VII of the Civil Rights Act of 1964. Harassment in the workplace includes unwelcome conduct based on someone’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. When that conduct is serious enough it amounts to illegal discrimination. Of course not all unwelcome conduct amounts to illegal discrimination. A single offhand comment, for example, will not rise to the level of discriminatory conduct. Harassment becomes illegal when

1. Enduring the offensive conduct becomes a condition of continued employment OR
2. The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

If you are the subject of harassing conduct by another employee(s) in the workplace there are steps you should take to protect yourself and your rights, including:

 

• Document the conduct. Ultimately, it may come down to your word against the perpetrator. Documenting each instance of harassment may be the key to prevailing. Start keeping a journal in which you write down each instance with as much detail as possible.

• Check for witnesses. The odds are good that someone else at your workplace is aware of the harassment. There may even be more victims. Talk to employees who might be sympathetic and/or who are also being victimized.

• Report the conduct. File and official report with your supervisor or with human resources. If your employer has an official procedure for reporting discrimination follow those procedures. Go over your supervisor’s head if necessary.

• Consult with an attorney. If your employer does nothing about the problem it is time to consult with a Florida employment law attorney. You may have the basis for a discrimination lawsuit against your employer.

 

If you have additional questions or concerns about harassment in the workplace or employment law in general, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.