Discrimination, Harassment, Harassing Conduct, and Retaliation Defined | U.S. Department of the Interior (2024)

FAQs

What are 4 examples of conduct that may constitute harassment? ›

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

Q: What Are the Four Elements That Legally Define Harassment? A: The four elements that legally define harassment include unwanted conduct based on protected characteristics like race, religion, sex, age, and more, as well as pervasiveness or severity and negative psychological, emotional, or physical impact.

Under federal law, unlawful workplace harassment is defined by three key factors: the conduct must be unwelcome, it must be either severe or pervasive, and it must interfere with the victim's work performance. If any of these factors are applicable in your situation, you may be eligible for financial compensation.

For example, if a woman was fired because of her race, this is discrimination. But if the woman was verbally abused and called offensive names repeatedly, this is harassment. If the woman went on to report a claim of harassment or discrimination and was fired, this is retaliation.

A strong retaliation case must show three things: An employee faced discrimination or harassment in the workplace. They reported the incident. The employee was then fired, demoted or otherwise punished for their complaint.

Sadly, some harassment is so subtle that it's hard to prove. Sometimes, it takes uncomfortable conversations with others to discover if others are being similarly harassed. Talk to an employment law attorney to explain the situation. They can help you determine how to manage getting evidence for your case.

There are two basic types of unlawful workplace harassment: harassment that results in a “tangible employment action” (also referred to as “Quid Pro Quo”) and “hostile work environment” harassment.

What is Not workplace harassment? Legitimate and reasonable management actions such as actions taken to transfer demote, and discipline an employee provided these actions are conducted in a reasonable way are not considered workplace harassment.

In the Guidance, the EEOC emphasized that harassment in the workplace violates the law if it is based on a legally protected characteristic (e.g., race, color, religion, national origin, sex (including sexual orientation; gender identity; and pregnancy, childbirth or related medical conditions), disability, age (40 or ...

What is considered discrimination under federal law? ›

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Quid pro quo sexual harassment is a pervasive and serious form of workplace abuse. Quid pro quo harassment involves a workplace superior pressuring an employee for sexual favors in exchange for employment rewards or in lieu of threatened punishment.

Unfair punishment, demerits, negative performance reviews, denial of promotions and raises, exclusion from programs, increased workload, forced time off, and job termination are all examples of retaliation. Whatever form it comes in, retaliation is harmful and against the law.

This punishment can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment, as well as more subtle actions that may be detrimental to certain employees in specific circ*mstances.

There are four “main” types of prohibited conduct which include: Direct Discrimination, Indirect Discrimination, Harassment and Victimisation.

Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information.