{"id":809,"date":"2018-11-06T20:54:35","date_gmt":"2018-11-06T20:54:35","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=809"},"modified":"2018-11-06T20:54:35","modified_gmt":"2018-11-06T20:54:35","slug":"is-my-employer-liable-for-discrimination-or-harassment-in-the-workplace","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/is-my-employer-liable-for-discrimination-or-harassment-in-the-workplace\/","title":{"rendered":"Is my employer liable for discrimination or harassment in the workplace?"},"content":{"rendered":"

The effects of discrimination and harassment in the workplace can take a severe emotional and financial toll on those who have been subjected to it. Fortunately, the law has provided several protections for those employees in Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990.<\/p>\n

How do I know if I\u2019m being harassed?<\/h3>\n

According to the Equal Employment Opportunity Commission (EEOC), \u201cHarassment in unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.\u201d ( See: https:\/\/www.eeoc.gov\/laws\/types\/harassment.cfm<\/a>).<\/p>\n

Unwelcome can include, but is not limited to: Insults, racial slurs, offensive images, mockery or any kind of deliberate interference with an employee\u2019s performance at work.<\/p>\n

The EEOC goes on to say, \u201cPetty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.\u201d\u00a0 (See: https:\/\/www.eeoc.gov\/laws\/types\/harassment.cfm<\/a>).<\/p>\n

Accordingly, for the most part, harassment is not an isolated incident, but occurs repetitively.<\/p>\n

How do I know if I\u2019m being discriminated against?<\/h3>\n

On the other hand, discrimination is generally not as blatant as harassment. Discrimination generally occurs when an employee or potential employee is treated less favorably because of a certain identifying characteristic. For example, if an employee feels as though they are not being promoted due to their race or national origin or if any employee gets demoted shortly after informing their employer about their pregnancy, then both may be victims of discrimination.<\/p>\n

Who is liable if I\u2019m harassed at work?<\/h3>\n

There is no simple answer to this as it depends on the circumstances. Generally, an employer can be held liable for the wrongful conduct of any of their employees. \u00a0If a supervisor is harassing you in the workplace and as a result, you\u2019ve been a victim of negative treatment in the workplace, then your employer is likely to be liable. For example, if an employee is fired by the same supervisor who is harassing them, your employer is automatically liable.<\/p>\n

Furthermore, the harassment can rise to a level where the harassment creates a hostile work environment. A hostile work environment is an environment that is difficult for an employee to function in because they fell threatened, uncomfortable or intimidated. According to the EEOC, if an employee is being subjected to a hostile work environment, an employer can avoid liability only if they can prove that:<\/p>\n