Understanding Workplace Harassment

Federal Protections

•  Title VII of the Civil Rights Act of 1964
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)

Federal law applies to most employers with 20or more employees, although some protections, such as those under the ADEA, may have different thresholds.

State Protections

Many states have laws that expand federal protections, cover smaller employers, and add additional protected categories. Some state laws also make it easier for employees to bring harassment claims by lowering the threshold for proving a hostile work environment.

• Offensive jokes, slurs, or name-calling related to protected characteristics
• Unwanted touching or other physical contact
• Displaying offensive images, cartoons, or symbols
• Derogatory comments about religion, gender identity, age, or disability
• Persistent unwelcome sexual advances or comments
• Retaliation after filing a complaint about harassment or discrimination

Sexual harassment is one of the most common forms of workplace harassment and is prohibited under both federal and state laws.
It includes:
Quid pro quo harassment: Employment decisions are conditioned on submission to unwelcome sexual conduct.
Hostile work environment: Unwelcome sexual conduct or remarks that are severe or pervasive enough to create an abusive work environment.

Employees are legally protected from retaliation when they report or oppose workplace harassment or discrimination. Federal and state laws prohibit employers from punishing workers for filing a complaint, participating in an internal or external investigation, or otherwise opposing unlawful employment practices. Retaliation can take many forms, including termination, demotion, reduced hours, schedule changes, or other actions that negatively affect an employee’s job or working conditions.

When workplace harassment or retaliation occurs, affected employees may be entitled to legal remedies. These remedies can include reinstatement to a former position, recovery of back pay and lost benefits, compensatory damages for emotional distress, and, in some cases, punitive damages. Courts may also require employers to pay attorneys’ fees and litigation costs.

Employers play a key role in preventing harassment and retaliation in the workplace. Effective prevention measures include adopting clear anti-harassment and anti-retaliation policies, providing regular training for both employees and managers, offering multiple ways for workers to report misconduct, and responding promptly and thoroughly to complaints through fair investigations and corrective action.

Miller Shah LLP is prepared to evaluate and pursue workplace harassment matters on behalf of individuals who have experienced unlawful treatment on the job. The firm’s attorneys assess claims under federal and state laws, advise on potential remedies, and advocate for the rights of employees subjected to harassment or retaliation.