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What Three Factors Are Commonly Used to Determine Whether Conduct is Considered Unlawful Workplace Harassment?Whether the victim tolerated the harassment to obtain or keep their job.Whether the harassment was extensive enough to create a hostile or intolerable work environment.More items...
1. Talk to the Person Directly. Once the first incident of sexual harassment occurs, be very clear in letting the person know the behavior is unwelcome and ask them to stop. If the behavior continues after that, tell them that you plan to file a report with Human Resources.
An employer is required to conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances. In other words, a formal complaint is not required to trigger an investigation.
The civil harassment laws say harassment is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
Tell your harasser to stop. If you do not feel safe or comfortable doing this, do your best to make it clear to the harasser that the offensive behavior is unwelcome. Report the harassment to management and ask that something be done to stop it. Report the harassment to a person with decision-making authority.
If you do not feel safe talking directly to the person harassing you, start by discussing the problem with your supervisor or human resources department. Follow up by putting your complaint in writing and keeping a copy of it in case you later need it. Follow your employer's internal complaint process.
This type of discriminatory harassment may include unwelcome conduct that is based on race, color, religion, sex (including pregnancy), ethnicity, national origin, age (40 or older), disability or genetic information. A NY hostile work environment claim is sometimes part of a claim for sexual harassment.
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
Types Of Employment DiscriminationRace and Color Discrimination.National Origin Discrimination.Sex Discrimination.Religious Discrimination.Military Status Discrimination.Retaliation.