Workplace harassment: How companies can prevent it and what employees can do if it happens

Awareness against harassment

Are you a victim or harassment or have you observed it happening in your workplace? Let’s explore some facts that you should know in order to handle it. 

Our mission at Project WHEN (Workplace Harassment Ends Now) is to elevate awareness to eliminate harassment and create more respectful workplaces. This post on workplace harassment is part of our series of pages educating the public about various types of workplace harassment, how employers can prevent it, and employees’ rights under the law.

What is harassment?

Harassment refers to unwanted conduct made against an individual on the basis of age, color, race, sex, national origin, disability or genetic information. It is a form of discrimination that can occur in the workplace and can manifest as offensive remarks, insults, slurs, mockery, jokes, objects, drawings, and pictures. Threats, intimidation, and unwelcome physical conduct are also harassment acts.

In this post, we’ll touch on real examples of workplace harassment, the laws offering protection from it, and the recourse victims have under the law. Importantly, we’ll also cover what employers can do to prevent it from occurring in the workplace, along with delving into what companies should do to address harassment claims. You’ll also find a number of resources we believe are helpful for those dealing with this problem.

Examples of workplace harassment

Workplace harassment takes many forms. One example is harassment based on an individual’s race. In a lawsuit brought about by the Equal Employment Opportunity Commission (EEOC), a manager in a hamburger restaurant racially harassed an African American employee, frequently referring to him and his fiancée by racial slurs which resulted in a hostile work environment.

In addition to this, the district manager to which the employee submitted a complaint downplayed the conduct. Instead of a proper corrective action, the victim was involuntarily transferred to a farther location. This pervasive behavior violated Title VII of the Civil Rights Act and the company was ordered to pay $70,000 to the victim, among other penalties.

Harassment can also occur on the basis of sexual orientation and disability. As an example, a Manhattan-based retail store violated Title VII and the Americans with Disabilities Act (ADA) when it failed to take prompt and corrective steps in relation to a harassment complaint made by a sales consultant at the store. For almost three years, the sales consultant was subjected to constant verbal harassment by two colleagues. The employee’s supervisor did not take the complaints seriously and the employee was forced to quit to get away from the persistent harassment.

These are just some of the cases that illustrate how harassment occurs in the workplace and how it goes against the law. More scenarios and conditions that make harassment unlawful will be covered in the next sections.

Statistics on workplace harassment

According to the EEOC, harassment filings (including sexual harassment) in fiscal year 2019 reached 26,221. In the same year, victims were paid out $139.6 million in total for settlements, damages, fringe benefits, and other types of cash relief. This is the highest recorded figure in terms of monetary benefits received by victims within the last ten years.

Race-based harassment charges filed and resolved with the federal agency also rose slightly in FY 2019, increasing by 1.75% from 2018.

Harassment destroys work culture and creates a toxic workplace environment. Dealing with it can become stressful and costly. This is why awareness is important. Being educated about workplace issues like this goes a long way. Read on to explore which laws protect you from it, as well as key actions to take by both companies and victims in dealing with this type of discrimination.

Workplace harassment laws

Federal law

Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA) are some of the fundamental federal laws that make workplace harassment illegal.

According to the Equal Employment Opportunity Commission (EEOC), a federal agency who enforces these laws, there are generally two situations where harassment becomes unlawful. First, when the victim is forced to endure an offensive conduct as a condition of continued employment. Second, when the behavior is severe enough to cause a reasonable person to feel threatened, intimidated, and unsafe in a hostile or abusive work environment.

It is important to note that one-off teasing or isolated incidents are not considered illegal. However, a single incident can be unlawful if it is proven to be extremely serious. The EEOC evaluates harassment claims on a case-by-case basis and looks into the nature of the behavior and the context surrounding the alleged conduct.

Harassment can occur between a victim and his/her supervisor, a supervisor in another department or another business area, an employer’s agent, a co-worker, or a non-employee. Additionally, a victim does not necessarily have to be the one who is directly experiencing harassment. Any person who is affected by the conduct is a victim under the law.

Furthermore, employers are automatically made accountable for harassment occurring in the workplace, especially if it results in adverse employment action and a hostile work environment, or if a preventive or corrective action was not in place.

Below is an excerpt from Title VII of the Civil Rights Act of 1964 pertaining to harassment as a form of employment discrimination based on race, color, religion, sex, or national origin.

State Law

Some states have laws that protect individuals from workplace harassment. The best way to learn more about additional protections you can receive locally is to refer to your state’s department of labor website. Our guide on reporting incidents of workplace harassment links to each state’s DOL website, as well as some of the regional and city organizations, for those in more populous areas.

Recourse for victims of workplace harassment

If you have experienced workplace harassment, it is encouraged for you to tell the harasser (whether verbally or in written form) that the conduct is unwelcome, offensive, and should stop. You are also encouraged to take advantage of any harassment complaint system or policies in the workplace. 

But if you are not seeing any signs of moving forward and you feel that your complaint has fallen on deaf ears, or you have received worse treatment from a supervisor/manager after raising the concern, you have the right to seek legal recourse. One of your options is to consult legal counsel or a lawyer who can help you evaluate the case and provide valuable advice regarding your claims.

A best next step could also be filing a charge either through your state administrative agency or the EEOC, a federal agency that enforces federal laws related to harassment and discrimination in the workplace. You are not required to speak with an attorney before approaching a government agency to discuss your situation; these entities are in place to protect your rights as an employee and are typically willing to give guidance on suggested next steps for you as a victim.

When you believe that harassment has occurred, acting promptly is essential. Victims have 180 days to file a charge with the EEOC while federal employees have 45 days to contact  an EEO counselor.

For more information about reporting harassment cases, refer to our full guide on How to Report Workplace Harassment Incidents. This article provides a comprehensive list of state resources and local EEOC offices. You can also head directly to the EEOC’s page on How to File a Charge of Employment Discrimination.

What can companies do to prevent workplace harassment?

Employers are legally responsible for ensuring the safety of every member of their workforce. To prevent sexual harassment and other discriminatory practices from happening, employers must articulate to all employees that these conducts are prohibited in the workplace. Establishing harassment policies or complaint systems is a great way to protect individuals and inform them that your company does not tolerate workplace harassment.

Furthermore, companies must exhibit willingness to address concerns and execute necessary actions to stop discriminatory practices. Preventing harassment is most effective when the initiative starts with senior leadership, but sometimes change takes one individual who has the courage to speak up. 

If you are passionate about ensuring the safety of employees from the different manifestations of discrimination, consider getting your company involved with Project WHEN (Workplace Harassment Ends Now). As a first step, we’d ask you to sign our Pledge of Commitment to demonstrate your commitment to creating a respectful, harassment-free workplace for your employees.

For a holistic and structured approach to living out your commitment, we encourage employers to enroll in the WHEN™ Organizational Certification program. In this program, we will guide you through a step-by-step process of preventing all types of workplace harassment. This certification will also serve as a powerful statement to both internal and external audiences about your commitment to making your workplace a safe space for everyone. The Employee Culture Pulse Survey, which is also offered as a standalone service, will be administered to employees in the first phase of this program. The actionable data gained from this survey will allow you to identify challenges in your fight against workplace harassment and strategize your path to improvement.

What should companies do when workplace harassment happens?

Harassment and discrimination happen when companies lack understanding of requirements set forth by the law and implementation of preventive measures. When tell-tale signs of hostility are observed within the organization, it is time to start dismantling it by engaging in meaningful conversations and breaking the status quo. 

If you are ready to begin discussions on creating a more respectful work environment, we can facilitate a Project WHEN Roundtable. This event can help attendees identify challenges present in their current working conditions and gain insight on the best action steps to eliminate traces of discrimination in the workplace.

If you are an individual who thinks that it is time to see change happening in your company, let your employer know about this and ask for a facilitated discussion to take place.

Remember, the problem of workplace harassment will not solve itself. It is important for everyone to develop heightened awareness of what they can do to make a difference. Change will only take place if people within the workplace take the initiative to address issues, no matter how uncomfortable it may be.

Additional resources and recommended readings

For more information about workplace harassment, we’ve rounded up some resources that you can consult and find below. 

• Harassment | U.S. Equal Employment Opportunity Commission
• Harassment – Your Rights
• Harassment – FAQs | EEOC
• Harassment Policy Tips | EEOC
• What You Should Know: What to Do if you Believe you have been Harassed at Work

End workplace harassment now

Nobody should have to face workplace harassment. Project WHEN is a 501(c)(3) nonprofit organization working hard to make workplaces more respectful for everyone. Elevating awareness to prevent workplace harassment from taking place is what runs at the core of our organization.

Whether you’d like to make a financial contribution to support our work, sign the Project WHEN Pledge of Commitment, have your employer host a Project WHEN event, or just join our mailing list to learn of volunteer opportunities, everyone can get involved with Project WHEN!

Examples of Harassment in Various Industries

Harassment is a prevalent issue that happens in different workplace settings. Here are some examples of the harassment issues the workplace is currently facing:

Harassment at Ferris State University – 2/16/2022

Barry Mehler was placed on paid leave and informed that he was being investigated for violating the faculty contract and the university’s employee dignity policy. During his 14-minute video announcing the new term, Mehler frequently used profanities and referred to them as COVID-19 “vectors of disease”. According to Ferris State, when an audience is a captive group of students, offensive speech is not protected by the First Amendment. The use of such profanity and discriminatory terms directed toward students and administrators exposes the university to potential Title IX claims of sexual harassment, according to Ferris State’s attorneys.

Harassment at Fox News – 02/17/2022

Melissa Francis’ gender discrimination and retaliation accusations have been investigated by the New York State Department of Labor. Francis left the Fox News due to a wage dispute. Fox News representative declined to comment on the investigation. New York’s labor department is investigating Fox News. The news comes only months after the network reached a settlement with the New York City Human Rights Commission.

Harassment at Ferris State University – 2/16/2022

Barry Mehler was placed on paid leave and informed that he was being investigated for violating the faculty contract and the university’s employee dignity policy. During his 14-minute video announcing the new term, Mehler frequently used profanities and referred to them as COVID-19 “vectors of disease”. According to Ferris State, when an audience is a captive group of students, offensive speech is not protected by the First Amendment. The use of such profanity and discriminatory terms directed toward students and administrators exposes the university to potential Title IX claims of sexual harassment, according to Ferris State’s attorneys.

Harassment at Aims Community College – 1/24/2022

The Greeley-based Aims Community College has been named in three lawsuits alleging gender discrimination or sexual harassment. Patricia Rand, former associate vice president of academic affairs, filed a lawsuit in Weld County District Court. She claimed that she was forced to resign after 16 years at the college due to “constant gender discrimination and a hostile work environment.” A lawsuit similar to Rand’s was filed by Sarah Wyscaver, vice president of student engagement, inclusion, and success. She claimed gender discrimination and lower pay than men doing comparable work. Aims vehemently denies Wyscaver and Rand’s allegations.

Harassment at Arizona State University 1/22/2022

Former Arizona State University women’s lacrosse coach Courtney Connor is suing the university and the Arizona Board of Regents with claims of unlawful termination as a result of her reports of Title IX violations against the sports department. According to Connor’s lawsuit, her supervisors, including former ASU assistant athletics director Scottie Graham, expressed outrage about her reports of gender inequity inside the athletics department. Connor asserts that the athletic department subsequently created a hostile work environment for her and exacerbated gender inequities.

Harassment at Riot Games – 12/28/2021

Riot Games agreed to pay $100 million to settle a lawsuit alleging gender discrimination. In 2018, two now-former workers filed a complaint alleging gender discrimination, sexual harassment, and misconduct. It will pay $80 million to class-action suit plaintiffs from 2018, including hundreds of present and former California employees. Another $20 million will go toward the plaintiffs’ legal bills. The arrangement is still subject to final court approval, with a hearing scheduled in the coming months.

Harassment at King Studio LLC – 12/14/2021

YouTuber and TikTok star Zach King is being sued by a former producer who is accusing him of sexual harassment, wrongful termination, gender discrimination, among several other counts, according to a civil complaint filed by Elisabeth Logan in Los Angeles County’s Court. Logan claims that King created “an abusive work atmosphere” by stripping naked in her office and paying her less than male colleagues. A court summons states that King, his company, and even TikTok have 30 days to respond to accusations made by Logan. However, King has not publicly addressed the lawsuit.

Harassment at Amazon Web Services – 11/16/2021

Lawsuits filed against Amazon Web Services show a sexist, racist, and homophobic workplace environment. AWS employees signed an internal petition calling for an independent probe of the company. In response, AWS CEO Adam Selipsky affirmed to the petition’s authors that the company will conduct an investigation using outside counsel.

Harassment at Kern Community College – 11/3/2021

Kern Community College District’s former public safety director is suing for alleged harassment, discrimination, and retaliation after employees falsely accused him of having workplace romances. Christopher Counts’ lawsuit also claimed that the district set him up for failure by refusing to fill assistant positions despite funding, cutting his pay, and reprimanding him without cause. The district declined to comment on matters involving ongoing litigation.

Harassment  in Las Vegas Raiders – 10/28/2021

John Gruden, the head coach of the Las Vegas Raiders, resigned after The New York Times published an exposé detailing his homophobic and misogynistic tendencies in email correspondence. NFL official investigation found that Gruden had casually and frequently used sexist and homophobic language to disparage people surrounding the game and belittle some of the league’s historic developments.

Harassment of  Phoenix Suns Owner – 10/22/2021

According to an ESPN-published report, Phoenix Suns owner Robert Sarver has been accused of sexual harassment, misogyny, and racism. Sarver denied or disputed most of the allegations through his legal team. The NBA announced that it will launch a thorough inquiry on the allegations.

Harassment at John Jay College of Criminal Justice – 10/2/2021

Carlton Jama Adams, an associate professor at John Jay College of Criminal Justice, has been charged with sexually harassing Judith Sandrine Dikambi, a graduate student. Dikambi claims in court documents that Adams subjected her to an “ongoing barrage of xenophobic, sexist, and vulgar remarks about her African ancestry.” The lawsuit against Adams is still ongoing.

Harassment By Paul Riley – 10/1/2021

North Carolina Courage fired its technical commander coach Paul Riley. The coach has been accused of sexual harassment and making insulting remarks about his players’ sexual orientation and weight for more than a decade.

Harassment at Blue Origin – 9/30/2021

Ally Abrams, former head of employee communications at Blue Origin, continues to battle the call for Jeff Bezos and his company to address its toxic and sexist work environment. Abrams, along with 21 others who are mostly former employees of the commercial spaceflight company, describes in an open letter the alleged toxic work culture of the company. Blue Origin has not responded to the specifics of the allegations and has released a statement that the company “has no tolerance for discrimination or harassment of any kind.”

Harsssment by Oakland Police Officers – 9/20/2021

An investigation by Oakland Police Department found that several police officers are guilty of posting racist memes and jokes about rape and police brutality on social media. 140 Oakland Police Department phones were confiscated and nine officers were placed on an unpaid suspension following the investigation.

Harassment at Liberty Warehouse – 9/17/2021

According to an EEOC lawsuit, the head chef of Liberty Warehouse sexually harassed a female kitchen staff and subjected her to sex discrimination that included unwanted touching, sexual comments, throwing objects at the women, and belittling them based on their sex in front of coworkers. To settle the lawsuit, the restaurant group agreed to pay $125,000.

Harassing Behavior Towards Lil Nas X – 9/4/2021

Lil Nas X, an openly queer musician, has become controversial for expressing his queerness via his art. This report details how rapper Bossie Badazz, has repeatedly attacked Lil Nas X to the point of harassment by attacking the young musician’s homosexuality.

Harassment at  Los Angeles Police Department – 8/27/2021

After complaining about sexual and gender harassment he witnessed, a bisexual LAPD officer claims that he faced backlash for reporting the incidents and was further mistreated due to his sexual orientation. In a lawsuit filed against the city, the plaintiff details his experiences of being retaliated against and harassed because of his bisexuality.

Harassment at Ukiah Police Department – 8/26/2021

A former Ukiah police officer claims that a UPD sergeant sexually assaulted her during a training program. She reported the incident to a superior but received no appropriate actions. The Ukiah Police Department, the accused sergeant, and the city are now facing a lawsuit alleging harassment, discrimination, and retaliation.

Harassment by Mike Richards – 8/6/2021

In the past, ‘Jeopardy!’ executive producer Mike Richards was involved in sexual harassment and discrimination lawsuits filed by two former models at ‘The Price is Right.’ As a frontrunner in the consideration of a show’s new host, Richards is under fire for his past actions.

Harassment at Central Kitsap Fire and Rescue – 8/3/2021

Since beginning her employment with the Central Kitsap Fire and Rescue, a female employee has faced a series of harassing and discriminatory behavior on the basis of her gender in the workplace. After failing to have the issue resolved internally, the victim has decided to take the case to court.

Harassment at Amazon – 7/23/2021

Amazon has opened an investigation into allegations regarding the culture of its cloud-computing unit after an internal petition from more than 550 employees criticized it as having “an underlying culture of systemic discrimination, harassment, bullying and bias against women and under-represented groups.”

Harassment at Activision Blizzard – 7/22/2021

California sues Activision Blizzard following a two-year investigation that found out female employees of the video game company have been discriminated against in terms of compensation, promotion, and termination, while constantly being subjected to rape jokes, inappropriate behavior from male employees, and retaliation, among other different forms of harassment.

Harassment at CBS’ Stations Group – 7/22/2021

Misconduct, racism, and misogyny allegedly reigned at a handful of CBS-owned stations, according to a Los Angeles Times investigation. After this report, CBS fired two senior managers in its Los Angeles and Chicago stations. CBS did not reveal the reasons behind the managers’ departures but it signified a dramatic management makeover in the network’s stations.

Harassment at Maine Department of Corrections – 7/14/2021

The Maine Department of Corrections is facing a civil lawsuit filed by Autumn Dinsmore, a correctional officer. Dinsmore alleges that she was subjected to sex and sexual orientation discrimination, harassment, and retaliation, along with other correctional officers. The department has refused to comment as the case is ongoing.

Harassment at Netflix – 7/14/2021

Netflix is facing a lawsuit alleging gender and race discrimination in the workplace. The suit has been filed by a former director in the streamer’s business and legal affairs department, claiming that she and several other women of Indian origin were subjected to systemic discrimination. Netflix has released a statement firmly denying the allegations.

Harassment at New Bedford Police Department – 7/13/2021

New Bedford and its high-ranking police officers are facing another lawsuit filed by another officer alleging retaliation and discrimination based on sexual orientation. Plaintiff Bryan Oliveira claims that a detective made derogatory slurs at him while his superiors did not address the incidents and even reprimanded him for standing up for himself.

Harassment at Macalester College – 7/12/2021

Ian Olson, a former Macalester College student has filed a lawsuit against the college alleging that he was discriminated against on the basis of sex and disability. The university reportedly expelled him after siding with Olson’s girlfriend who filed a complaint against him. Olson claims that his girlfriend beat him to file a Title IX complaint and said that the college’s procedures prevented him from fairly defending himself against her allegations.

Harassment Lawsuit Against Kris Jenner – 7/3/2021

Marc McWilliams, Kris Jenner’s security guard, has accused Jenner of groping him and making racist and homophobic remarks while he was working for her. He has now officially informed the court that he will be pushing through with a lawsuit against the “Keeping Up With the Kardashians” star. Kris is now required to respond to the claims in court.

Harassment at Lord Hobo and Wormtown Brewery – 6/30/2021

After Brienne Allan encouraged women to speak out about sexism and harassment occurring in their workplace, multiple allegations have rained down on many breweries nationwide. This resulted in several leaders and brewery owners issuing apologies and stepping down from their positions including leaders at Lord Hobo and Wormtown. The craft brewing industry is faced with the responsibility to quash existing systemic problems and lead major changes to prevent further incidents of harassment.

Harassment and Retaliation at Whittier College – 6/27/2021

A former Whittier College professor claimed in a lawsuit that she was wrongfully terminated for speaking out in favor of students who alleged they were sexually harassed by a longtime professor who headed her department. A Los Angeles superior court judge ruled that she can continue with the lawsuit by shoring up the sexual harassment-hostile work environment part of it.

Harassment at University of Tennessee – 6/25/2021

An investigation into three complaints by female employees against George Heddleston, former vice chancellor for communications and marketing at the University of Tennessee, concluded that he violated school policies on equal opportunity employment, sexual harassment, and other discriminatory harassment. Heddleston has resigned from his post and has not commented on the issue.

Harassment at Michigan Department of Corrections – 6/23/2021

Michigan prison officer Bridget Cadena has filed a lawsuit against the Michigan Department of Corrections alleging that she was harassed because of her sexual orientation which eventually became the reason that she was forced to quit her job. The suit is slated to go to trial in January but was postponed due to the pandemic.

Harassment at O’Connor Brewing Co. – 6/19/2021

Several former employees of O’Connor Brewing Co. took to social media to share stories of sexual harassment, sexism, and racism that they experienced at the brewery. The allegations also state that O’Connor leaders have been made aware of such issues but they either did nothing or responded with acts of retaliation. Due to these accusations, the brewery announced that a third-party investigation will be conducted and “redouble their efforts to ensure fair treatment to employees.

Mishandling of Harassment Complaints at LSU Shreveport – 6/17/2021

Chancellor Ghali E. Ghali has several complaints against him after allegedly retaliating against whistleblowers on sexual harassment claims from students. Due to the allegations, Ghali was removed as chancellor but was immediately reinstated. However, Ghali resigned a day after his reinstatement despite firmly denying the allegations made against him.

Harassment at Pacific University – 6/2/2021

Pacific University placed education professor Richard Paxton on leave to investigate complaints claiming that he made offensive comments during class about gender, gender identity, and other protected characteristics. The professor called the investigation “indefinite, unfounded, and unfair” and filed a lawsuit against the university. University officials denied such allegations and said that the investigation will be pursued and will be completed soon.

Harassment at Sony Electronics Inc. – 5/30/2021

Jennifer Pochue sued Sony Electronics in 2020 and her lawsuit allegations included sexual harassment and discrimination, retaliation, and wrongful termination. However, early this year, Pochue dropped her lawsuit against Sony Electronics Inc. The report did not say whether a settlement was made or whether Pochue decided not to pursue the action for other reasons.

Haraasment at The College of New Jersey – 5/30/2021

In 2019, a professor anonymously filed a federal lawsuit against the college alleging discrimination based on her pregnancies, gender, and nationality. However, the case has undergone delays while her decision to stay anonymous is being argued in court. This report discusses the issue of anonymity in filing lawsuits and how the professor’s case will proceed.

La Puente Councilwoman Sues City Manager and Mayor for Harassment – 5/29/2021

Violeta Lewis, a councilwoman in La Puente, filed a lawsuit against Mayor Charlie Klinakis and City Manager Robert Lindsey in Los Angeles County Superior Court. According to the suit, Lindsey sexually harassed Lewis while Klinakis covered up for the city manager and subjected the councilwoman to a hostile work environment. Aside from sexual harassment, other charges filed include discrimination and harassment based on gender and race; retaliation; aiding and abetting; assault; and failure to investigate, prevent and correct violations of the California Fair Employment and Housing Act.

Harassment in the Supreme Court – 5/21/2021

The Colorado Judicial Department sought bids for a $350,000 contract for workplace harassment inquiry an investigation into allegations that a $2.5 million five-year contract given to former Supreme Court Administrator’s Office Chief of Staff Mindy Masias was in return for silencing a tell-all sexual discrimination lawsuit she planned to bring. Several local law firms have shown interest in the investigation.

Harassment at Microsoft – 5/19/2021

Internal Microsoft complaints reveal how women who worked there were “ignored, harassed, and degraded.” According to the class-action complaint filed by previous employees, the company discriminated against women in terms of compensation and promotions. In response, Satya Nadella, the CEO of Microsoft, said that the business will reform its process for dealing with employee complaints of harassment and discrimination in the workplace.

Harassment at Twin Peaks – 8/7/2020

A federal lawsuit alleging sex discrimination and harassment was filed against Twin Peaks, a restaurant chain. Thirty-four former employees came forward to share that the restaurant implemented inappropriate uniforms and a system for grading female servers’ bodies which resulted in a work environment where customers are allowed to harass servers.