Not All Bad Treatment Is Harassment
Harassment law does not create a general civility requirement. A manager can be rude, unreasonable or unfair without breaking the law. The conduct becomes actionable only when it is tied to a protected characteristic such as race, sex, religion, national origin, age, disability or genetic information.
Where mistreatment is directed at everyone equally, it is generally not unlawful harassment however unpleasant, which is often the hardest part of this area for people to accept.
Two recognised forms
Quid pro quo harassment conditions a job benefit on submitting to conduct, typically sexual. Hostile work environment harassment involves conduct severe or pervasive enough to alter the conditions of employment. They have different proof requirements.
Severe or Pervasive
The standard is disjunctive. A single incident can suffice if sufficiently severe, such as a physical assault or an explicit threat. Alternatively, conduct that is individually minor can become actionable through repetition over time.
Courts assess this both objectively, asking whether a reasonable person would find the environment hostile, and subjectively, asking whether the complainant actually experienced it that way. Isolated offensive remarks and occasional teasing generally fall short.
Employer Liability and Reporting
Where a supervisor harasses and it results in a tangible employment action such as dismissal or demotion, the employer is generally strictly liable. Absent such an action, the employer may raise a defence that it took reasonable steps to prevent and correct harassment and the employee unreasonably failed to use them.
That defence is why internal reporting matters so much. Following the complaint procedure, in writing, both gives the employer a chance to fix the problem and closes off its main defence if it does not.
Report in writing and keep a copy
An employer defence often rests on the employee not having used available complaint procedures. A written, dated complaint retained outside company systems both triggers the employer duty to act and defeats that argument.
Before You Act
Thinking About Filing a Claim?
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Grounds for a Harassment Lawsuit: What Meets the Legal Standard: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What makes harassment illegal?
It must be based on a protected characteristic and be severe or pervasive enough to alter the conditions of employment. General rudeness applied to everyone is usually not unlawful.
Can one incident be enough?
Yes, if sufficiently severe, such as a physical assault or explicit threat. Otherwise, repetition over time is generally required.
What is quid pro quo harassment?
Conditioning a job benefit on submitting to conduct, typically sexual. It differs from hostile work environment harassment in its proof requirements.
Do I have to report internally first?
It is strongly advisable. Employers often defend on the basis that you did not use available complaint procedures, and a written internal complaint removes that argument.
Is my employer automatically liable?
Where a supervisor harasses and it causes a tangible employment action, generally yes. Otherwise the employer may defend by showing it took reasonable preventive and corrective steps.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.