what are protected activities with regard to harassment

Natashya

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23-12-2024

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Harassment in the workplace, school, or other settings is illegal when it's based on certain protected characteristics. Understanding what constitutes a "protected activity" is crucial for both victims and those who witness harassment. This article will clarify protected activities and related legal protections.

Defining Protected Activities and Harassment

Harassment is unwelcome conduct that is severe or pervasive enough to create a hostile environment. This conduct can be verbal, nonverbal, visual, or physical. To be unlawful, the harassment must be based on a protected characteristic. This means the harassment targets someone because of who they are, not because of their actions or performance.

Key Protected Characteristics Vary by Jurisdiction

The specific characteristics protected against harassment vary depending on local, state, and federal laws. However, many jurisdictions include:

• Race and Color: This covers harassment based on someone's skin color, ethnicity, national origin, or ancestry.
• Religion: This protects individuals from harassment due to their religious beliefs or practices (or lack thereof).
• Sex (Gender): This is a broad category encompassing harassment based on gender identity, sexual orientation, pregnancy, and other gender-related factors. This includes sexual harassment, which is unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
• Disability: This protects individuals with physical or mental impairments from harassment. Reasonable accommodations must be made for employees with disabilities, and failure to do so can contribute to a hostile work environment.
• Age: Harassment based on age, particularly against older workers, is often illegal.
• Genetic Information: Laws often prohibit discrimination based on genetic information, including family medical history.
• National Origin: This encompasses harassment based on one's birthplace, ethnicity, or cultural background.
• Marital Status: In some jurisdictions, harassment related to marital status is prohibited.
• Veteran Status: Protection extends to those who have served in the military.

Note: The specific protected characteristics and the scope of protection can vary significantly depending on the jurisdiction and the specific law in question. Always consult relevant local, state, and federal laws for precise definitions.

Examples of Harassment Based on Protected Activities

Here are some examples of harassment tied to specific protected characteristics:

• Race: Using racial slurs, making offensive jokes about a person's race, excluding someone from work opportunities because of their race.
• Religion: Making fun of someone's religious beliefs, pressuring someone to convert to a different religion, excluding someone from social events due to their religious practices.
• Sex (Gender): Making unwanted sexual advances, displaying sexually explicit materials, making demeaning comments about someone's gender or sexual orientation.
• Disability: Making fun of someone's disability, refusing to provide reasonable accommodations, excluding someone from activities because of their disability.
• Age: Making ageist remarks, suggesting someone is too old or too young for a certain job, excluding older workers from training opportunities.

What to Do If You Experience Harassment

If you believe you've experienced harassment based on a protected activity, take the following steps:

1. Document Everything: Keep a detailed record of incidents, including dates, times, locations, witnesses, and a description of what happened.
2. Report the Harassment: Report the harassment to your supervisor, human resources department, or appropriate authorities. Many jurisdictions have specific reporting mechanisms.
3. Seek Legal Advice: Consult with an employment lawyer or other legal professional to understand your rights and options.

Conclusion: Knowing Your Rights is Key

Understanding protected activities concerning harassment is vital for creating a safe and inclusive environment. Familiarize yourself with relevant laws in your jurisdiction and know how to report harassment if you experience it. By actively combating harassment based on protected characteristics, we can foster workplaces and communities where everyone feels safe, respected, and valued.