It’s helpful to know what to expect when going into the workplace each day. For many employees, this may mean keeping a to-do list or a strategically planned calendar. Unfortunately, there are times when unplanned things happen at work. Implicit harassment is a common workplace issue that no one can prepare for, but it’s not well understood. You may be wondering, “What is implicit harassment?”
Harassment Defined
Harassment is defined as any unwanted behavior or language from one person to another. There are many ways in which an individual may experience harassment. Some common types include sexual, physical, verbal, discriminatory, disability, and religious.
Implicit vs. Explicit Harassment
In some cases, harassment is glaringly obvious, but that is not always the case. Harassment may be explicit or implicit—clearly stated or completely veiled.
Explicit harassment is a form of harassment that is clearly obvious in nature. It is either directly stated or made clear through action, and there is no space for those experiencing or witnessing the harassment to question whether it is wrong. This type of harassment reveals the intention behind the actions more clearly, which can sometimes make the consequences more serious for an offender.
Implicit harassment is not clearly obvious in nature. It may look like compliments, jokes, or remarks that seem and feel out of place but may not be directly inappropriate. Instead, they may appear only suggestive. Sometimes, these remarks will be portrayed in a comedic manner to attempt to mask the nature of the intentions. However, this kind of language can still be considered and treated as harassment.
If you have experienced harassment in any form, it is important to reach out to a harassment attorney. Even if you aren’t sure whether your experience qualifies as harassment, it can be helpful to have the legal guidance of an experienced attorney who can answer your questions and point you in the right direction. Harassment, whether explicit or implicit, is unacceptable in the workplace. As an employee, you have rights and are legally protected from such behavior.
Examples of Implicit Harassment at Work
There are innumerable ways in which implicit harassment may manifest in the workplace, which means there is no exhaustive list of examples. However, some ways implicit harassment may occur include the following:
- Jokes about physical characteristics, including a person’s clothing or outer appearance.
- Failing to promote or appropriately reward an employee for qualified work based on some personal characteristic, such as age, race, gender, or others.
- Granting preferential treatment to an employee based on personal characteristics.
- Giving an employee a lighter or easier workload because of a disability.
- Making sexually suggestive comments or jokes to or about an employee.
- Failing to properly acknowledge an employee’s contributions in a manner of singling them out from other employees.
- Veiled suggestions that an employee may receive a promotion or other form of reward for actions not relevant to the job.
Some signs that you may be experiencing implicit workplace harassment without being aware of it include the following:
- You feel uncomfortable around certain employees because of the comments they make.
- Something that another employee says or does simply doesn’t feel right.
- You feel anxious and attempt to avoid certain employees at work.
If any of these scenarios are true for you, it may be time to reach out to Venice sexual harassment attorneys. They can provide legal guidance regarding your case and help you understand your rights.
FAQs
Q: What Is Implied Harassment?
A: Implied harassment is a type of harassment that is not overly obvious. It includes jokes, comments, suggestions, or other remarks that have an unwanted sexual or demeaning undertone. Oftentimes, the person making the comments attempts to persuade the victim to believe that their remarks are harmless and that to feel hurt by them is overreacting. It can sometimes be difficult for a victim to acknowledge an implied form of harassment because it is so discreet.
Q: What Is Explicit vs. Implicit Bias?
A: Explicit bias refers to the thoughts, beliefs, attitudes, and feelings that a person is aware of. Implicit bias refers to the thoughts, beliefs, attitudes, and feelings that a person holds but is unaware of. Everyone has some degree of each type of bias. Explicit behaviors are more easily seen from the outside by peers and friends, while implicit behaviors are often not clearly expressed or easy to notice. Implicit biases operate at a subconscious level and are sometimes never exposed.
Q: What Are the Main Types of Harassment in the Workplace?
A: There are various types of harassment, especially in the workplace. Sexual harassment refers to any unwanted sexual advances, both verbal and physical. Discriminatory harassment is negative behavior toward someone based on their demographic attributes, such as age, sex, and ethnicity. Disability harassment is negative treatment or language directed toward an individual because of their disability.
Q: What Is Considered Indirect Harassment?
A: Indirect harassment occurs when a person is indirectly affected by one individual harassing another. An example would be overhearing an offensive comment made by a supervisor to an employee. Even though the comment was not made directly to the person who overheard, they may still experience harassment as a result. Sometimes, this can also happen when one employee witnesses the harassment of another employee.
Q: How Do You Address Implicit Harassment in the Workplace?
A: Addressing implicit harassment in the workplace may involve reporting it to your supervisor or HR, as specified by your company policies. It’s also important to consult with an employment attorney. They can determine whether you have grounds for a harassment claim. If so, they can investigate and gather evidence to build a strong case. Your attorney can represent you in court and in negotiations with your employer to seek compensation for the harassment you endured.
California Employment Counsel, APC: Your Harassment Attorneys
If you are experiencing implicit harassment at work, you can benefit from contacting a harassment attorney. In addition to emotional support, our attorneys can provide legal guidance and counsel that can help you navigate the potential legal battle ahead.
Contact California Employment Counsel, APC, today to learn more about what implicit harassment is and how to identify it in the workplace. We are here to help in any way we can and to answer any questions you may have.