What 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 |
**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 |
**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.