In today’s workplace, harassment and discrimination are among the most critical issues that companies must take seriously. If you are an employer or employee, it is vital to know the workplace harassment laws in your state to prevent and address harassment situations.
Workplace harassment is any behavior that causes discomfort, embarrassment, or intimidation to an employee. Harassment can happen in many forms, such as verbal abuse, physical aggression, unwanted advances, or other discriminatory behavior based on a person’s gender, ethnicity, age, sexual orientation, religion, or disability.
While harassing conduct can happen anywhere, it is never acceptable and is illegal under federal and state laws. Understanding workplace harassment laws in your state can help prevent such situations and provide appropriate corrective measures when they occur.
Here are some of the essential things you should know about workplace harassment laws in your state.
State and Federal Laws Against Harassment
Most states have their anti-discrimination and anti-harassment laws that follow the federal laws. However, the exact legal protections and ways they are enforced may differ depending on the state.
At the federal level, there are several acts in place to protect employees from harassment, including the Civil Rights Act, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
Under these laws, employers cannot discriminate or harass their employees based on their race, gender, religion, national origin, age, disability, or other protected characteristics. Employers must reasonably accommodate their employees with disabilities and have policies in place to prevent and address harassment in the workplace.
State Laws on Workplace Harassment
Some states have additional workplace harassment laws that may provide more extensive protections for employees. For instance, California has the Fair Employment and Housing Act (FEHA), which prohibits discrimination and harassment of employees on the protected categories outlined in the Civil Rights Act and Title VII, as well as additional categories like sexual orientation, gender identity, and gender expression.
FEHA requires companies to provide training to their supervisors and employees on harassment prevention and mandates employers to investigate reports of harassment and take appropriate disciplinary action.
In New York, the Human Rights Law prohibits discrimination and harassment based on several protected categories, including race, religious beliefs, sex, age, and sexual orientation. Employers must provide written anti-harassment policies and training programs for their employees and supervisors.
Protections for Whistleblowers
Some states have laws to protect whistleblowers who report actual or perceived discrimination or harassment. For example, Massachusetts has the Whistleblower Protection Act, which prohibits retaliation against employees who report or participate in an investigation of harassment, discrimination, or other illegal conduct or activity.
Under this law, employees who believe they have been retaliated against can file a complaint with the Massachusetts Commission Against Discrimination. The employer may face substantial penalties, including damages, fees, and attorney costs.
Conclusion
Workplace harassment is a severe issue that can negatively impact an employee’s well-being, morale, and job satisfaction. As an employer or employee, it is your responsibility to know the workplace harassment laws in your state to prevent such situations and promote a safe working environment.
Take the time to review the anti-discrimination and anti-harassment policies in your workplace and seek legal advice if necessary. Remember that prevention is always better than cure, and taking early action can help prevent harassment cases from escalating and damaging the reputation and financial standing of your organization.
