Workplace Harassment Policy

Workplace harassment falls within the scope of the federal laws prohibiting workplace discrimination that are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Specifically, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. The 1964 Act makes it illegal for an employee to be harassed in the form of unwelcome physical contact or verbal comments based on religion, race, sex, national origin, age, disability or sexual orientation. A workplace harassment policy should outline the harassment policy of the organization and prohibit activity that would constitute harassment. To qualify as harassment, the conduct must be specifically targeting one of the protected classifications and must: 1) be sufficiently severe or pervasive as to create a work environment that is hostile; or 2) must result in a tangible change in the employment status or benefits of an employee (i.e. termination or demotion). A workplace harassment policy should prohibit the unwelcome comments and offensive activity and prescribe appropriate corrective actions for employees who violate the policy.

Fast Facts

  • In order to be successful in a harassment claim, the complaining party must be part of one of the classifications protected under the 1964 Act and the unwelcomed conduct must be related to that particular classification.
  • Teasing, isolated comments and generally offensive comments are not specifically prohibited. In order to rise to the level of harassment, the conduct must have some effect on the conditions of the employment of an individual.

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