Harassment:
Definition, Types & Comparison

Harassment at work is any unwelcome verbal, written, or physical conduct that denigrates or shows hostility toward a person based on protected characteristics such as race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran's status, or pregnancy that creates an intimidating, hostile, or offensive work environment, unreasonably interferes with work performance, or affects employment opportunities. This behavior violates federal and state laws enforced by agencies like the Equal Employment Opportunity Commission (EEOC) and is unlawful when enduring the conduct becomes a condition of continued employment or when it creates an abusive work atmosphere.

Workplace harassment encompasses offensive jokes, objects, pictures, name-calling, physical assaults, threats, intimidation, derogatory comments, unwelcome physical contact, exclusion from work activities, spreading rumors, and both verbal and non-verbal offensive conduct. The behavior must be both unwelcome and objectively offensive to a reasonable person in similar circumstances, not simply a matter of personal preference.

Related terms: hostile work environment, discriminatory harassment, sexual harassment, workplace bullying, protected characteristics, quid pro quo

There are 10 primary types of workplace harassment that employees and HR professionals should recognize:

• Sexual harassment – unwelcome sexual advances, requests for sexual favors, sexual jokes, comments, questions, unwanted touching, or sexual gestures
• Discriminatory harassment – unwelcome conduct based on legally protected demographic attributes including disability, race, sexual orientation, gender identity, age, and religion
• Personal harassment – behavior targeting a victim based on personality, looks, or work that may not be illegal unless based on protected characteristics
• Physical harassment – unwanted touching of skin, clothing, hair, damage to personal property, or threats of physical violence
• Verbal harassment – offensive gestures, demeaning remarks, unreasonable criticism, insults, slurs, hurtful comments, unwanted jokes, gossiping, rumors, or body-shaming
• Psychological harassment – repeated hostile words, actions, or behaviors that are painful, hurtful, humiliating, or insulting, including exclusion, isolation, belittling, and gaslighting
• Power harassment – a superior using their authority to harass subordinates through impossible work expectations, inappropriate comments, or demanding favors
• Online harassment (cyberbullying) – posting threats or demeaning comments on social platforms, offensive statements via work messaging or email, often using fake personas
• Retaliation – treating someone poorly because they reported harassment, participated in an investigation, or engaged in other protected activities
• Third-party harassment – inappropriate behavior from clients, vendors, suppliers, contractors, or customers from outside the business

Modern workplaces face additional challenges with digital communication and hybrid work models, which have broadened how harassment can occur and made it essential for organizations to recognize online harassment and remote interactions as part of workplace behavior.

Sexual harassment is a form of sex discrimination that violates federal law and consists of unwelcome behavior of a sexual nature. According to legal definitions, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature.

Sexual harassment takes two specific legal forms. First, quid pro quo harassment occurs when submission to sexual conduct is explicitly or implicitly made a term or condition of employment, or when submission or rejection is used as a factor in employment decisions. The Latin phrase "quid pro quo" means "something for something" and describes situations where a superior demands sexual favors from a subordinate in exchange for benefits like pay increases or promotions, or threatens consequences like termination or demotion if the subordinate does not comply.

Second, hostile work environment harassment occurs when such conduct has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile, or offensive working environment. Examples include unwelcome sexual innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, threats, sexually-suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, obscene gestures, unwelcome physical contact including touching, pinching, brushing by the body, coerced sexual contact, and assault.

Discriminatory harassment involves unwelcome, offensive, and negative behavior or intentions toward an individual or group based on legally protected demographic attributes. This harassment may be verbal, written, or physical and is illegal under federal and state employment laws.

Specific forms of discriminatory harassment include disability harassment (unfavorable treatment of employees with physical or mental disabilities, including those with life-threatening diseases like cancer or ongoing diseases like lupus and MS), racial harassment (displaying racist symbols, mocking accents, making unwelcome comments about race, telling derogatory jokes, using racial slurs, or expressing intolerance toward any race group), sexual orientation harassment (derogatory or offensive remarks based on a person's sexual orientation, with 17% of employees experiencing or witnessing this type), gender identity harassment (discrimination because of gender identity, with 22% of employees experiencing or witnessing gender-based harassment and 83% of transgender employees reporting such experiences), ageism (bias and discrimination based on age affecting both older and younger employees, with 99% of workers 40 years or older reporting ageism), and religious harassment (targeting someone due to religious beliefs through stereotyping, intolerant comments regarding holidays, traditions, customs, apparel, inappropriate jokes, or pressure to convert).

According to research data, Black employees are more likely to encounter racial discrimination, with 61% having encountered discrimination compared to only 40% of total employees.

A hostile work environment consists of discriminatory harassment, victimization, violence, or offensive conduct as defined by the Equal Employment Opportunity Commission (EEOC). This unwanted behavior is usually severe, persistent, and disruptive to the complainant's work and is typically based on race, color, religion, sexual orientation, gender identity, pregnancy, national origin, disability, or other protected characteristics.

The legal standard for a hostile work environment requires that the conduct be both unwelcome and objectively offensive to a reasonable person in the same circumstances. The behavior must be severe or pervasive enough to create a work atmosphere that a reasonable person would find intimidating, hostile, or abusive. A single serious incident may qualify as creating a hostile work environment, but typically the behavior involves a pattern of repeated actions.

Harassment becomes unlawful when enduring the conduct is required to continue employment or when it creates a work environment that is intimidating, hostile, or abusive. For behavior to be considered workplace harassment under the law, it must be both unwelcome and objectively offensive, meaning the behavior is offensive to a reasonable person in the same circumstances, not simply a matter of personal preference or taste.

The legal determination depends on the circumstances of the situation, how the person receiving the unwanted behavior views it, and whether the person receiving the behavior is reasonable to view it as they do. Employment tribunals consider whether a typical person would see the behavior as harassment when evaluating claims.

If you experience harassment at work, you should take these actions:

1. Report the harassment immediately to your supervisor, division director of human resources, or designated person following your employer's harassment policy procedures, preferably in writing while keeping a copy for your records
2. Document all incidents thoroughly by keeping a record of dates, times, locations, details of what was said or done, and preserving emails, text messages, or other communications related to the harassment
3. Seek emotional support from trusted friends, family members, or therapists to help manage the stress and impact on your well-being
4. Use your employer's complaint process to raise the issue informally or formally, knowing that employees may raise concerns and make reports without fear of reprisal or retaliation
5. File a formal complaint with the Equal Employment Opportunity Commission (EEOC) through their public portal, submit an online inquiry, schedule an interview, or submit a charge of discrimination within the required timeframe (typically 180 calendar days in most cases)
6. Report to your local Fair Employment Practices Agency (FEPA) if the discrimination breaks both state and federal law
7. Consult with an employment attorney who specializes in employment law to understand your legal rights and options for pursuing a claim

Federal employees should report discrimination to the Equal Employment Opportunity (EEO) office at the agency where it happened and follow the EEO's complaint process within 45 calendar days. Federal contractors should submit pre-complaint inquiries and complaints through the Office of Federal Contract Compliance Programs (OFCCP). Anyone can report a harassment issue they've seen or heard at work, even if it's not directed at them.

Retaliation happens when an employer treats someone poorly because they engaged in a protected activity. Protected activities include filing or being a witness in an EEOC charge or investigation, talking to a supervisor or manager about discrimination or harassment, refusing to follow orders that would result in discrimination, and resisting sexual advances or intervening to protect others.

Common retaliation methods include firing, demotion, denying benefits, denying promotions, intimidation, or threats. Unfortunately, almost half of employees fear retaliation when reporting workplace issues, which is why appropriate aftercare following a workplace investigation is crucial to help prevent and avoid workplace retaliation. Retaliation is strictly prohibited and is itself a form of harassment that can result in legal action.

Employers have significant legal responsibilities to prevent and address workplace harassment:

• Prevention policies – implement and communicate clear harassment prevention policies that prohibit all forms of harassment including sexual, verbal, and non-verbal conduct
• Training programs – provide mandatory harassment prevention training to all employees, supervisors, and managers on a regular basis (requirements vary by state and company size)
• Reporting procedures – establish confidential and accessible procedures for employees to report incidents, ensuring awareness of how and to whom complaints can be filed
• Prompt investigation – conduct prompt, impartial, and confidential investigations of all harassment complaints or reports, respecting the privacy of all parties involved
• Remedial action – take appropriate remedial action when harassment is found, which may include disciplinary measures against the harasser
• Non-retaliation policies – prohibit retaliation against employees who report harassment or cooperate in investigations, and promptly address any retaliation complaints
• Third-party liability management – address harassment issues involving non-employees such as customers or clients if the employer becomes aware of the behavior and has control over the situation

Employers can be held vicariously liable for harassment by supervisors or third parties if they knew or should have known about it and failed to take appropriate action. Any supervisor who becomes aware of possible harassment should promptly advise their supervisor or the division director of human resources so the matter can be thoroughly investigated in a timely and confidential manner.

There are strict time limits for filing workplace harassment claims that vary by jurisdiction and agency. In most cases with the EEOC, you must file a charge within 180 calendar days from the date of the alleged harassment. This deadline can be extended to 300 days in certain circumstances where state laws also apply.

For California specifically, the statute of limitations for filing a workplace harassment complaint with the California Department of Fair Employment and Housing (DFEH) is typically one year from the date of the alleged harassment incident. Federal employees must follow the EEO's complaint process within 45 calendar days. It is recommended that you take action as soon as possible to preserve your legal rights and protect yourself from further harm.

Workplace harassment is often compared to 3 related concepts:

Workplace Harassment vs. Bullying: Bullying behavior can be harassment if it meets the legal definitions of being based on protected characteristics or being sexual in nature. While bullying refers to repeated aggressive behavior intended to intimidate or harm, harassment specifically involves unwelcome conduct related to protected characteristics that creates a hostile work environment or affects employment. Bullying becomes harassment when it targets someone because of their race, gender, age, disability, or other protected status.

Workplace Harassment vs. Discrimination: Discrimination happens when an employer treats an employee or job applicant unfairly in employment decisions such as hiring, firing, promotions, pay, or job assignments because of their protected characteristics. Harassment, on the other hand, involves unwelcome conduct that creates an intimidating, hostile, or offensive work environment or unreasonably interferes with work performance. Someone can experience discrimination without harassment (being denied a promotion due to age) and harassment without adverse employment action (being subjected to offensive jokes that create a hostile environment).

Workplace Harassment vs. Hate Crime: Hate crimes are criminal offenses motivated by bias against a person's race, religion, disability, sexual orientation, ethnicity, gender, or gender identity, and are prosecuted through the criminal justice system. Workplace harassment is a civil employment law violation enforced by agencies like the EEOC and state fair employment agencies. While serious harassment could potentially meet the criteria for both a civil harassment claim and a criminal hate crime, most workplace harassment cases are addressed through employment law channels rather than criminal prosecution.