What the law covers
Federal law prohibits unwelcome conduct at work based on race, color, religion, sex, which includes pregnancy, sexual orientation and gender identity, national origin, age of forty or over, disability or genetic information. Conduct becomes unlawful when putting up with it is made a condition of keeping your job or getting ahead, or when it is severe or frequent enough that a reasonable person would find the workplace hostile or abusive. The harasser may be a supervisor, a coworker, a client or a customer. A single rude remark is usually not illegal, though it may well violate company policy, which is often stricter than the law. Federal rules apply to employers with fifteen or more workers, and many state laws reach smaller ones.
Start a record
Begin a written log today. For each incident, record the date, time, place, what was said or done in the exact words, who saw it and how you responded. Save messages, photos and voicemails. Keep all of it on a personal device or on paper at home, because access to work accounts can vanish in an hour. If you feel safe doing so, tell the person once, plainly, that the conduct is unwelcome, which removes any later claim that they did not know.
Reporting inside the company
- Find the anti-harassment policy in the handbook and identify who takes complaints, which is usually human resources or any manager.
- Make the report in writing, stick to facts, and keep a copy with the date you sent it.
- Report any retaliation, such as a demotion, reduced hours or a sudden bad review, as a separate complaint.
Reporting matters legally, because an employer's liability often depends on whether it knew and failed to act.
Going outside
If the company does nothing, you can file a charge with the federal Equal Employment Opportunity Commission or your state's fair employment agency. The federal deadline is 180 days from the conduct, extended to 300 days in states with their own agency, and a charge must be filed before you can sue under federal law. Federal employees follow a different process with a much shorter deadline. An employment lawyer can assess your case, and many take these matters on contingency. Physical assault, threats and stalking are crimes, and those go to the police.
Note If you witness harassment, check on the person afterward, write down what you saw with the date, and offer to serve as a witness. A firsthand account from a third party often decides an investigation.
