Harassment

Discrimination & Harassment imageWhat is Harassment?

Under federal anti-discrimination laws, harassment is any unwelcomed conduct intended to cause hostility, intimidation, or abuse based on a person’s age (40+), citizenship status, color, disability, genetic information, national origin, race, religion, or sex (including pregnancy, childbirth, and related medical conditions).

New York State has additional laws protecting individuals from discrimination and harassment.  NY laws protect classes based on credit history, domestic violence victim status, familial status, and gender identity.  Additionally, NY laws protect classes on marital status, military status or service, prior arrest, salary history, and sexual orientation.

Is Harassment in the Workplace Illegal?

Harassment is unlawful when it is so frequent or severe that is creates a hostile or offensive work environment.  If tolerance of the unwelcomed conduct becomes a condition of continued employment and the victim is fired or demoted then it is unlawful.

Whether or not connected to the workplace, harassment may also be a crime under New York State law.

Discrimination Statistics

Charge

2007

U.S. Filings

2017

U.S. Filings

% Change

2007 to 2017

2017

(in NY alone)

2017 Monetary

Benefits (Millions) *

Age 19,103 18,376 -3.8% 858 $90.1
Color 1,735 3,240 86.7% 225 $11.8
Disability 17,734 26,838 51.3% 1,052 $135.2
Equal Pay Act 818 996 21.8% 29 $9.3
GINA** N/A 206 N/A 8 $0.7
Harassment N/A 26,978 N/A N/A $125.5
National Origin 9,396 8,299 -11.7% 577 $29.6
Pregnancy N/A 3,174 N/A N/A $15.0
Race 30,510 28,528 -6.5% 1,095 $75.9
Religion 2,880 3,436 19.3% 242 $11.2
Retaliation-All Statutes 26,663 41,097 54.1% 1,711 $192.0
Sex 24,826 25,605 3.1% 1,142 $135.1
Total*** 133,665 186,773 6,939 $831.4
*Does not include monetary benefits obtained through litigation.
**GINA means Genetic Information Non-Discrimination Act.
***Total charges reflect the number of individual charge filings. Since individuals tend to file claims on multiple types of discrimination, the number of total charges will be less than the combined discrimination types.

Source: The Equal Opportunity Employment Commission

Harassment Statistics

Charge

2010

U.S. Filings

2017

U.S. Filings

% Change

2010 to 2017

2017 Monetary

Benefits (Millions) *

Harassment** 27,356 26,978 -1.4% $125.5
     Harassment – other than Sexual 21,454 22,362 4.2% $97.0
     Race and Harassment 8,563 9,009 5.2% $27.9
     Sexual Harassment 7,944 6,696 -15.7% $46.3
*Does not include monetary benefits obtained through litigation.
**Harassment charges reflect the number of individual charge filings. Since individuals tend to file claims on multiple types of discrimination, the number of total charges will be less than the combined discrimination types.

Source: The Equal Opportunity Employment Commission

If you are wondering about whether or not you are being unlawfully harassed, call us.