Why It Matters
Workplace harassment affects an estimated one in three workers during their careers. Beyond the human cost, harassment creates massive liability for employers — the EEOC recovered over $535 million for harassment victims in a single year. Multiple US states now mandate anti-harassment training, and the EU's employment directives require member states to prohibit workplace harassment.
Types of Harassment
Sexual Harassment
- Quid pro quo — employment benefits conditioned on sexual favors ("sleep with me or you're fired")
- Hostile environment — unwelcome sexual conduct that creates an intimidating or offensive workplace
- Includes: unwanted advances, inappropriate comments, sexual jokes, sharing explicit material, unwanted touching
Racial and Ethnic Harassment
- Slurs, stereotypes, and offensive jokes targeting race, color, or national origin
- Displaying offensive symbols (nooses, swastikas)
- Mocking accents, cultural practices, or religious observances
Other Protected Categories
- Age harassment — jokes or comments about someone's age (40+ under ADEA)
- Disability harassment — mocking disabilities, refusing accommodations
- Religious harassment — forced participation or exclusion based on religion
- Gender identity / sexual orientation harassment — protected under Title VII (Bostock v. Clayton County, 2020)
Legal Framework
United States
- Title VII — race, color, religion, sex, national origin
- ADA — disability
- ADEA — age (40+)
- GINA — genetic information
- State laws — many extend protections to additional categories (sexual orientation, gender identity, marital status)
European Union
- Employment Equality Directive 2000/78 — harassment as a form of discrimination
- Gender Equality Directive 2006/54 — sexual harassment in employment
- National laws — each member state implements EU directives with local specifics
Mandatory Training States
Several US states require anti-harassment training:
| State | Who Must Train | Frequency |
|---|---|---|
| California | All employers with 5+ employees | Every 2 years |
| New York | All employers | Annually |
| Illinois | All employers | Annually |
| Connecticut | Employers with 3+ employees | Every 10 years |
| Delaware | Employers with 50+ employees | Every 2 years |
| Maine | Employers with 15+ employees | Within 1 year of hire |
Employer Obligations
- Written policy — define harassment, provide examples, explain consequences
- Reporting mechanism — multiple channels (supervisor, HR, hotline)
- Investigation — prompt, thorough, and impartial
- Corrective action — proportionate to the offense, documented
- Anti-retaliation — protect complainants and witnesses
- Training — regular, interactive, covering all forms of harassment
- Documentation — retain records of complaints, investigations, and actions
Key Regulation
- Title VII of the Civil Rights Act of 1964 — foundational federal anti-harassment law
- EEOC Enforcement Guidance on Harassment in the Workplace (2024) — updated comprehensive guidance
- Meritor Savings Bank v. Vinson (1986) — Supreme Court recognized hostile environment sexual harassment
- Bostock v. Clayton County (2020) — Title VII protects LGBTQ+ employees