Job Harassment

In deciding whether workplace harassment is illegal, it must be severe and pervasive. That said, any employee has the right to protest unwelcome treatment in the workplace, regardless of its scope or severity. Illegal harassment may comprise unwelcome language, behaviors, or a combination of both. An idle comment, even if offensive, is not normally the basis for a lawsuit. Ongoing and unwelcome approaches are generally deemed unlawful harassment, however. Unwelcome physical contact by the harassing party is another key. If you are touched repeatedly, especially after telling the person you don’t want to be touched, that conduct may well be unlawful harassment.

Management Awareness
For a legal claim to exist, the conduct must be carried on by a member of management, or if it occurs by a co-worker and not a supervisor, management must know about it and have had an opportunity to stop it. In other words, a victim must normally have reported the misconduct - unless it is well-known to management already. Then, if the misconduct continues, a legal claim may be pursued.

Report The Behavior
If a fellow worker is the one doing the discrimination and harassment, you should follow any stated company policy(ies) and report the conduct to your supervisor and Human Resources. Report it in writing to have proof of the date you reported it (keep a copy of what you submit), and be sure to be specific about the exact nature of the discrimination or harassment. Your action in reporting the misconduct is protected by law from retaliation.