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Petty 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.
An individual could also be accused of threatening behavior if an individual is caught intimidating a witness for reporting a crime.
When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.
They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains.
Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.
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.
Harassment can occur in a variety of circumstances, including, but not limited to, the following: Prevention is the best tool to eliminate harassment in the workplace.
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Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).