What is Harassment?

Harassment is a term that falls under the umbrella of discrimination. Simply put, discriminating against an individual means treating them differently or less favorably for a particular reason. Often, that discrimination happens in the workplace. When it does, it’s referred to as employment discrimination.

In the United States, the Equal Employment Opportunity Commission (EEOC) is the government agency responsible for enforcing federal laws that make employment discrimination illegal. According to the EEOC:

Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).

Sexual Harassment in the Workplace

Sexual Harassment is one of the most publicized and stubbornly prevalent types of discrimination that typically involves illegal sexual misconduct in workplaces and has the potential to cause lasting harm to individuals, teams, and organizations.

For more information, see Atana’s Sexual Harassment Prevention solution page.

When Behaviors Become Harassment

The EEOC specifies that behavior crosses the line of propriety and is deemed unlawful when either (or both) of these conditions occur:

An individual must endure the offensive conduct as “a condition of continued employment”
The conduct is so pervasive or severe that it creates “a work environment that a reasonable person would consider intimidating, hostile, or abusive”

Examples of offensive conduct cited by the EEOC include: “offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.”
It is important to note that the EEOC’s examples are not comprehensive illustrations of harassment—other behaviors may create a hostile or abusive workplace environment and should be reported and examined on a case-by-case basis.

Notably, retaliation against those who file charges of discrimination in the workplace—or those who testify as witnesses or participate in investigations—is considered harassment, too, and is prohibited by law. This extends to individuals who formally oppose organizational practices they believe are in violation of federal anti-discrimination laws. Fear of retaliation is a leading reason why employees choose not to report incidents of workplace harassment.

A Note About “Severe or Pervasive”

The EEOC’s definition of harassment refers to conduct that is “severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

It is important to know that some states in the U.S. have taken action to relax the severe or pervasive standard to make it easier for employees who believe they have been harassed at work to take legal action. Critics of the original language point to inconsistent application of the standard across the nation’s judicial system and to the fact that even isolated incidents can effectively alter the work environment.

At present, legal shifts related to the severe or pervasive standard have not occurred nationwide, nor have they changed the EEOC’s definition. For employers, it is vital to ensure understanding of the current status of the standard in all locations applicable to company operations. Further guidance on severity and pervasiveness is available in the EEOC’s latest publication: Enforcement Guidance on Harassment in the Workplace. Additional perspective is also available in Atana’s article, Staying Ahead of the Evolving Legal Standard for Sexual Harassment Training.

Conduct that is Harassment

“severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Difference Between Harassment and Bullying

Defined by the Workplace Bullying Institute, a research and advocacy organization:

Workplace bullying is repeated, health-harming mistreatment of an employee by one or more employees; abusive conduct that takes the form of verbal abuse; physical and nonverbal behaviors that are threatening, intimidating, or humiliating; work interference or sabotage; or in some combination of the above.

Workplace bullying is not always illegal, nor is it considered to be a form of discrimination unless the individual being bullied has been targeted because of the criteria that falls under EEOC jurisdiction: race, color, religion, sex (including sexual orientation, gender identity, or pregnancy], national origin, older age (40 or more years), disability, or genetic information (including family medical history).

Further, employment law experts add, bullying becomes illegal when it meets the additional criteria the EEOC has specified for harassment: “the offensive conduct becomes a condition of continued employment or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Most commonly, the legal experts say, employers try to bully workers who have made some type of formal complaint. If proven, such behavior could constitute unlawful retaliation and form the basis for legal action.

On the topic of bullying, significant grassroots work continues across many states to support enactment of the Healthy Workplace Bill, which addresses workplace bullying in an effort to “prevent and correct abusive environments in American workplaces.” To date, the proposed legislation has been introduced in more than 30 states.

Workplace Harassers and Their Victims

Especially when harassment at work sets up a situation in which tolerating abuse is necessary in order to keep one’s job, it’s natural to imagine that the problem is caused by supervisors or others in positions of power. In fact, the EEOC points out, harassers are not limited to those in management:

The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee
The victim does not have to be the person harassed but can be anyone affected by the offensive conduct
Unlawful harassment may occur without economic injury to, or discharge of, the victim

About Workplace Harassment

52% Employees who experienced or witnessed inappropriate or illegal behavior at work. Of those: bullying 51%, sexual harassment 40%, racism 30%
83% Transgender employees who experienced or witnessed workplace harassment
46% Employees who fear retaliation for reporting harassment or inappropriate behavior
58% Employees who reported the inappropriate behaviors they experienced at work
40% Employees who lack confidence in their employers’ ability to address inappropriate behavior
57% Employees who cite harassment or misconduct as their reason for leaving an employer

Source: HR Acuity

The Effects of Harassment in the Workplace

Disrespectful workplaces in which harassment and other forms of discrimination are allowed to occur cause harm not only to the individuals involved, but to the organization as well.

In fiscal year 2023, the EEOC received 31,354 formal complaints alleging various kinds of workplace harassment, including charges of sexual harassment. The figure is the highest reported in more than a decade. While the agency has jurisdiction over most employers with at least 15 employees (20 employees in age discrimination cases) and most labor unions and employment agencies, the complaints the EEOC receives represent only a fraction of the harassment issues that continue to plague workplaces. A 2023 study noted that 42% of workplace harassment claims were not reported, and the EEOC adds that up to 90% of people who experience sexual harassment at work don’t file charges or take other action.

Individuals who are victims or witnesses of harassment and other kinds of discrimination may suffer significantly and in a variety of ways. Some types of potential damage can include physical harm, mental trauma and anguish (such as PTSD, depression, and anxiety), negative impacts on career and professional growth (including job loss, increased absenteeism, and disengagement), decreased productivity and performance, emotional and financial damage for family members, and much more.

Organizations that fail to act when harassment is observed or reported may see their employer brand suffer; a decline in the ability to attract and retain top talent; and decreases in employee engagement, productivity, morale, teamwork, collaboration, and other critical functions. Ultimately, companies can experience significant reductions in overall performance and loss of customers.

Disrespectful workplaces in which harassment and other forms of discrimination are allowed to occur cause harm not only to the individuals involved, but to the organization as well.

Further, there are financial ramifications for employers. Beyond the costs of increased worker turnover and reduced profits, legal penalties associated with litigation or other actions related to harassment and discrimination can be significant. In FY 2023, for example, the EEOC reported the highest monetary recovery for workplace harassment victims since 2010. For harassment claims, alone, recovery from employers amounted to more than $202 million.

Examples of Workplace Harassment and Bullying

Strategies to Reduce Harassment

Employers have a duty to ensure that their workforces can expect to perform their jobs in conditions that are both safe and respectful to all. But with tens of thousands of instances of workplace harassment occurring every year, how can companies expect to change unsafe environments to respectful and inclusive settings in which discrimination has no place?

Success in reducing harassment (and other forms of discrimination) at work begins with a sincere commitment from organizations, and that calls for company values that formally affirm respect and a safe working environment for all. Further, those values must be communicated clearly and often, then modeled by organizational leaders through their own respectful and inclusive behavior.

Company policies and practices must also reinforce an organization’s dedication to respectful and harassment-free workplaces. Formal policies help structure daily work practices that encourage respect and discourage discrimination. They also provide a basis for accountability. Moreover, such policies spell out the actions individuals can take to report harassment and the corresponding actions to be expected of the organization when such allegations are received. This helps ensure that reported incidents are not overlooked or ignored.

Along with urging organizations to reinforce support for leadership involvement; ensure effective policies; insist on accountability; and take other specific actions to curb misconduct; the EEOC underscores the critical role a purposeful and effective program of training plays in addressing workplace harassment. Of particular importance is charging leaders with ensuring that organizations:

Regularly and effectively train all employees about harassment policies and complaint procedures
Regularly and effectively train supervisors and managers to prevent, recognize, and respond to objectionable conduct that, if left unchecked, may rise to the level of prohibited harassment

Related Training

The EEOC’s extensive training recommendations are embodied in the award-winning training content and materials offered by Atana. Behavior-based eLearning courses such as How Was Your Day: Getting Real about Bias, Diversity and Inclusion, and Harassment and Once & For All: Stopping Sexual Harassment at Work drive measurable change in employee behaviors and attitudes through engaging content and embedded behavioral questions. Employee and Manager versions are available.