By Derrek Cummings on January 26th, 2016
Harassment refers to any verbal, physical or electronic threat, persistent aggression, or unwelcomed behavior directed towards a specific person or persons. Harassment is often linked to discrimination, and targets are typically chosen based on their race, sex, religious beliefs, disability, age, nationality or other differences. Under Federal and state law, discrimination is only protected if it is related to protected classes, which include: race and color, national origin, gender (including pregnancy), religion, disability or age (40 and over).
Workplace harassment can take many forms. It can involve sexually explicit messages, or slurs or derogatory statements. When workplace harassment is based upon a protected class, is persistent, and creates a hostile workplace environment, it is illegal. Individuals who have been subject to harassment in a Pennsylvania workplace may be able to take legal action, file a complaint with the Equal Employment Opportunity Commission (EEOC), or take other action.
Today, Pennsylvania has recognized that almost anyone can become a victim of harassment. In 2015, the state sought to pass Pennsylvania House Bill 1041. Known as the “Healthy Workplace Act,” this law recognizes that a wide range of abusive behavior is damaging and can be addressed through legal avenues.
Workplace Harassment and Abuse Is More Common Than People Realize
National statistics reveal just how many people are affected by workplace harassment:
- There were 26,820 charges of workplace harassment filed in 2014 (down slightly from 27,356 in 2010), according to the U.S. Equal Employment Opportunity Commission.
- Of the charges filed in 2014, 25,791 were considered resolved by the U.S. Equal Employment Opportunity Commission.
- There were 6,862 charges of sexual harassment filed in the workplace in 2014 (compared to 7,944 in 2010).
- There were 8,826 charges of workplace harassment filed related to racial discrimination in 2014 (compared to 5,783 in 1997 and 8,563 in 2010).
- One in four women have reported being the victims of harassment at work based on their sex or race.
- In 2013, 82% of harassment charges were filed by women.
- 70% of polled women report being affected by sexual harassment but decide not to report it.
People who choose not to report harassment in the workplace may be worried about retaliation. They may also be fearful that no one will believe them. Unfortunately, these workers may often leave a promising job or try to put up with the harassment without taking further action.
Types of Workplace Harassment in Pennsylvania
In 2014, 4,045 charges of workplace harassment and discrimination were filed in Pennsylvania, up from 3,448 charges in 2010. That year, Pennsylvania accounted for 4.6% of all workplace harassment and discrimination charges filed across the country (an increase from 3.7% in 2010).
In Pennsylvania, there are a few different types of harassment that are common to occur in the workplace:
1. Sexual harassment
Sexual harassment is unwanted sexual conduct towards a person. It can be leveled against women or men, but women are most likely to be targets. Sexual harassment can involve explicit comments, sending or displaying pornographic materials, unwanted sexual advances, sexual touching and other uninvited behaviors.
While women file the majority of sexual harassment charges, 17.5% of all sexual harassment charges are filed by men. Men also comprise 4 out of 5 perpetrators of sexual harassment. Some workplaces have a higher instance of sexual harassment. For example, 80% of female restaurant workers and 70% of male workers polled by researchers at the Restaurant Opportunities Center (ROC) United reported sexual harassment by other employees. Even more reported harassment from managers and customers.
2. Racial harassment
Racial harassment involves targeting a worker or someone in the workplace due to their race or ethnicity. This can include making derogatory remarks, withholding earned promotions because of someone’s race, or engaging in abusive or harmful behavior.
Although Pennsylvania has laws in place to prevent prejudice and harassment based on race, there is evidence of deep-seated racism in the state. A survey asking respondents to rate groups of people based on characteristics such as honesty and intelligence found that a significant portion of the Pennsylvania population showed stereotyping by race. This led researchers from the University of Connecticut and the University of California at Davis to rank Pennsylvania among the top eleven most racially prejudiced states.
Contact Us Today
If you feel you may be the victim of harassment in the workplace, contact Weisberg Cummings, P.C. for a consultation. Our law firm works on behalf of hard-working people like you, and we believe everyone should have a safe and harassment-free workspace.