Different Types of Harassment at Work

Many people may believe that harassment of a sexual nature is the only type of workplace harassment. While sexual harassment is well-known, many other forms of workplace harassment exist. Many local governments and state laws have specific anti-discrimination laws prohibiting harassment.

The following is an overview of the different types of illegal harassment. You can also reach out to an employment law attorney to get help for workplace bullying.

What Is Workplace Harassment?

According to the Equal Employment Opportunity Commission (EEOC), harassment is unwelcome conduct based on:

• Race
• Color
• Religion
• Sex (including sexual orientation, gender identity, or pregnancy)
• National origin
• Older age (beginning at age 40)
• Disability
• Genetic information (including family medical history)

Laws against harassment prohibit behavior that creates a hostile or abusive work environment. The EEOC considers harassment a form of employment discrimination.

Different Types of Workplace Harassment

Harassment can take many forms. Each form of harassment can hurt an employee’s mental health, career opportunities, or physical wellbeing. Many states have statutes or codes that protect against specific harassing behaviors.

Common categories of harassment cases include:

• Personal harassment targets an individual worker. It is usually based on an employee’s personality, appearance, or position.
• Discriminatory harassment targets a worker on the basis of specific characteristics, such as gender or race.
• Power harassment occurs when a superior uses their position within the organization to bully someone in a lower position. For example, a director might harass an intern or assistant.
• Quid pro quo harassment is like power harassment that involves a demand for an inappropriate favor. The employee may be offered a benefit, such as a promotion, if they accept. Or, they may face a threat of a punishment, such as a demotion, if they refuse.
• Third-party harassment is when the harasser is outside the employer’s organization. This person may be a customer, agency partner, contractor, or supplier.

An employee may face a combination of these types. Any of these scenarios may involve verbal and physical acts that are considered harassment.

Verbal Harassment

Verbal harassment is also known as verbal abuse. Here, one person uses words, tone, or language to intimidate or demean another. It involves verbal interactions meant to harm, control, or manipulate. This type of harassment can overlap with psychological harassment.

Verbal harassment can include:

• Name-calling
• Threats
• Sarcasm and mockery
• Offensive jokes
• Inappropriate comments
• Online harassment, like cyberbullying, through text messages, emails, social media, etc.
• Gaslighting

Physical Harassment

Physical harassment involves deliberate physical actions aimed at causing harm, injury, or intimidation to another person. Such behavior is also a worker safety hazard.

This offensive conduct includes:

• Hitting
• Pushing
• Kicking
• Slapping
• Punching
• Inappropriate touching
• Any form of physical contact that inflicts harm or discomfort upon another

Discriminatory Harassment at Work

Harassment is a common form of workplace discrimination. For example, gender-based harassment also violates anti-discrimination laws.

Title VII of the Civil Rights Act of 1964 prohibits harassment and derogatory slurs. Harassment based on race/skin color, religious beliefs, sex, ethnicity, and national origin falls under this law. These are examples of protected classes.

Other laws expand the definitions of protected characteristics and illegal harassment, such as:

• The Age Discrimination in Employment Act (ADEA)
• The Americans with Disabilities Act (ADA)
• The Uniformed Services Employment and Reemployment Act (USERA)
• State laws
• Local laws, usually in large cities like New York

Age Harassment

Under the ADEA, it is unlawful to harass or discriminate against someone based on that person's age. It protects employees ages 40 and older from discrimination in all job actions. This includes hiring, firing, and promotions.

Disability Harassment

Under the ADA, qualifying employers can’t discriminate against an employee with a disability. 

Status as a Veteran

The USERA prohibits discriminating against a person based on their past, current, or future military obligations or service.

Sexual Orientation and Marital Status

Harassment based on sexual orientation or marital status is illegal at work. This includes harassment on the basis of being married, in a domestic partnership, or single.

Gender Identification Harassment

Hundreds of cities have ordinances prohibiting discrimination based on gender identity. This includes the code for the city of New Orleans. The code also prohibits discrimination, including hostile work environment harassment and quid pro quo harassment, based on sexual orientation.

Political Beliefs

Many employer policies already require workers to minimize political discussions to help keep a respectful workplace. But some laws also protect employees’ actual or perceived political beliefs.

The code for the city of Seattle, Washington, prohibits discrimination based on political ideology. California does the same, also prohibiting discrimination based on such grounds.

Criminal History

Some jurisdictions have laws prohibiting discrimination for arrest or conviction records. Some private employers and institutions do the same. These protections extend to circumstances where such discrimination creates a hostile work environment.

Occupation or Sources of Income

Some states have anti-discrimination laws prohibiting harassment based on sources of income. A few states also prohibit discrimination related to public assistance benefits.

Citizenship Status 

New York and Illinois prohibit discrimination and harassing speech based on citizenship status. In the case of New York, this also extends to alienage, as well. The Immigration and Nationality Act (INA) also prohibits an employer from discriminating based on citizenship.

Heritage and Race

An employee may also experience racial harassment because of their:

• Race
• Ancestry
• Skin color
• Origin country or region

For example, the city of Cincinnati, Ohio, prohibits discrimination based on Appalachian regional origin.

Genetic Information

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) covers employers with 15 or more employees. Harassment or discrimination based on an individual's genetic makeup is prohibited under federal law.

Smokers and Nonsmokers

Laws in 29 states protect smokers from discrimination.

Hairstyle Harassment

Hairstyles are often closely associated with race, ethnicity, and gender. Since California passed the CROWN Act (Creating a Respectful and Open World for Natural Hair) in March 2019, many states have passed versions of the law. Those states include Maryland, New York, New Jersey, and Nebraska. It prohibits employers from discriminating against employees based on their hairstyle.

Examples of Harassment in the Workplace

Consider the following as examples of what can constitute harassment:

• Unwelcomed preaching by coworkers on religious matters can potentially constitute harassment.
• For national-origin harassment to occur, an employer must discriminate against an employee for being married to or associated with persons of a specific nationality. It may also occur when an employer prefers one nationality over another unless nationality is a "bona fide occupational qualification."
• Sexual advances, requests for sexual favors, and sexual jokes can all qualify as sexual harassment.

A hostile work environment is where the presence of demeaning jokes, threats, or harmful atmosphere is so pervasive that it creates an intimidating and offensive work environment. A hostile work environment can be the basis for a sexual harassment claim, for example.

Call an Employment Law Attorney Before Calling Human Resources

Harassment can vary, so every situation has unique factors. Sometimes, it’s hard to tell whether the law recognizes your experience at work as unfair or harmful. Employees often face barriers to reporting harassment, such as fear of retaliation from the employer or harasser.

If you are the victim of discriminatory harassment, consider meeting with a lawyer. They can evaluate your workplace's anti-harassment policy, harassment training, and the law. Then, they can determine how best to proceed with your harassment case. Contact an experienced employment attorney near you today.