If you’ve felt uncomfortable in the workplace, you may have wondered, “What is not considered harassment?” This is a common question. Not all harassment is clearly stated or directed. Therefore, it can be difficult to understand if that uncomfortable situation you experienced at work is worth seeking legal counsel for. Regardless of your ability to file a claim, seeking legal guidance can help you better understand your rights and prepare for the appropriate next steps to take.
Essentially, if you are uncomfortable because of the comments, advances, jokes, or other actions of another employee, it is important to take action before the situation grows more severe. Because not all cases are considered harassment, it can be helpful to understand where the line between harassment and misunderstanding is.
What Is Harassment?
Harassment is any form of unwelcome advances, jokes, comments, or other actions that create an uncomfortable or hostile environment. Harassment may be sexual, physical, verbal, or psychological. In some cases, a person’s intentions may be clearly inappropriate. However, there are other cases when their intentions may be unclear or vague, leaving workers wondering why they feel uncomfortable after an interaction.
Harassment can be explicit or implicit, obvious or vague. However, there is a line between harassment and friendliness, misunderstandings, and other forms of interactions that are not necessarily inappropriate or illegal. While it can be difficult to determine where this line is, some indicators may be helpful.
Indications That the Behavior Is Not Harassment
Some individuals may say or do things that make another person uncomfortable but are necessarily harassment. Indications that you may not be experiencing harassment include the following:
- Experiencing company discipline measures as a result of breaching the rules or committing a workplace infraction.
- Simple disagreements between employees or an employee and their boss, including differences of opinion.
- Modifications in work assignments based on skill, ability, and other professional, job-related characteristics.
- Reminding workers of or enforcing company dress code and policies.
- Friendly compliments that are not driven by negative intentions.
- Legitimate management decisions such as demotions or transfers.
While this is not an exhaustive list, these are examples of situations in which an employee may feel embarrassed, uncomfortable, or even singled out, but they will likely not qualify as harassment. In any case, it is important to understand whether the nature behind the language or action was professional or personal. Crossing the line from professional to personal can be a sign that harassment may be taking place.
Am I Being Harassed?
Trying to determine if you’ve been harassed can be overwhelming to do on your own. Aside from how you feel about your circumstances, it is important to understand whether it can be legally defined as harassment so you know how to move forward. Some helpful questions to ask yourself may be:
- Do I feel uncomfortable when I am in close proximity to one employee in particular?
- Does another employee make repeated jokes and comments that make me feel anxious?
- Is the action taken by the other employee in line with company policy, or does it seem more personal?
In addition to reflecting on the nature of the uncomfortable interactions you are experiencing, it can be helpful to explain your situation to a harassment attorney. Because they have an intricate understanding of the laws pertaining to harassment, they can help you determine whether or not you may be able to file a complaint. Even if your next step is not taking legal action, they can still offer sound legal advice.
FAQs
Q: What Are Examples of Things That Are Not Harassment?
A: It can sometimes be difficult to determine the difference between harassment and what may be a one-time incident or a misunderstood remark. Some examples of uncomfortable situations that may not be harassment include a compliment with friendly intentions, a reminder or enforcement of company policies regarding dress code, helpful and constructive criticism or remarks, and any other language or action that does not create threatening conditions.
Q: What Is Indirect Harassment?
A: Indirect harassment is harassment experienced by a third party. This means the person being indirectly harassed may overhear an inappropriate comment, come across an online message or post that was targeting another employee, or experience another form of harassment that was not directed toward them but still had a negative effect on them. This type of harassment affects not only the targeted individual but also others who are within close proximity.
Q: How Can Psychological Harassment Be Proven?
A: It can be difficult to prove psychological harassment, but with the right attorney, you can build a strong case based on numerous types of evidence. It is vital to gather any tangible proof of the harassment, such as emails, notes, and other forms of communication that reveal the unwanted advances. It is also helpful to prove that the behavior has been repeated over time. You may be able to use statements from witnesses as evidence for your claim.
Q: Can I File a Complaint for Harassment?
A: It is important, for many reasons, to file a complaint if you are experiencing any form of harassment within the workplace. Depending on your workplace and your circumstances, you may be able to file a complaint. An experienced harassment lawyer can analyze your case and help determine if this may be a suitable option for you.
Pasadena Sexual Harassment Attorneys
It can be difficult to determine whether an uncomfortable situation at work qualifies as harassment and can be treated as such. That’s one reason why it can be helpful to consult with Pasadena sexual harassment attorneys. We can assess your case and help you understand your rights. If you are able to file a claim, we can walk you through that process as well. Regardless of the details of your situation, we are here to help and answer any questions you have.
Contact California Employment Counsel, APC, today to learn more about how we can support you during this time. No matter the severity of your case, we can contribute legal advice and guidance as you process your next steps.