This month I would like to discuss the workplace and its potential to become a hostile environment for employees. Harassment in the workplace is a form of discrimination that is prohibited by Title VII of the Civil Rights Act of 1964. Unlawful harassment occurs when unwelcome comments or conduct based on sex, race, religion, national origin, age, or disability create an offensive environment for employees. The victim of harassment can be anyone that is affected by the conduct or comments not just the person who is the direct recipient of the offensive behavior.
Any type of touching that makes an employee uncomfortable, suggestive comments or leering, use of racially derogatory language are all examples of harassment. When the offensive conduct reaches the point where it unreasonably interferes with an employee's work performance, the workplace has now become a hostile environment for the employee. Anyone in the workplace may be committing the harassment. It could be a manager, a co-worker, a contractor, vendor, or a guest of the employer. Sending or forwarding sexually or racially charged emails or images to employees may constitute harassment.
Sexual harassment is a form of sex discrimination and an offensive, hostile environment may signify sexual harassment. A hostile environment may arise when the sexual harassment is so severe that it alters the victim's conditions of employment and creates an abusive working environment. Workers who have been victims of sexual harassment will not necessarily have experienced severe psychological injury. A sexually discriminatory work environment, even if it does not seriously affect employees' psychological well-being, can impact the employees' job performance, discourage them from staying on the job, or keep them from advancing in their careers. When the harassment adversely alters an employee's conditions of employment, the employee has thus been subjected to an unlawful hostile environment, an actionable offense under Title VII.
EEOC fights to eliminate discrimination in the workplace. If you believe you have experienced employment discrimination based on your race, color, sex, national origin, age, disability, religion, or your association with an individual of another race, you are urged to immediately contact the Albuquerque EEOC office at (505) 248-5202.
EEOC in the News
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