Being harassed on the job is a painful and stressful experience that no one should have to endure. The situation often becomes even more difficult when the harasser is your boss.
For working people in Washington, state and federal laws provide strong protections against harassment, whether by a coworker or a manager. The law is particularly clear in situations involving harassment by supervisors: employers are often directly liable for managers’ actions and inactions.
At Justice Law Corporation, our Washington harassment lawyers help working people stand up against unwelcome sexual advances, bullying, and other behavior based on protected characteristics, such as gender, race, or religion. We are seasoned attorneys who have dedicated our careers to assisting people in these and other cases. Our firm has a long track record of successful results for the people and families that we represent.
Although you have the right to fight back against harassment, the idea of doing so can feel overwhelming. The good news is that you do not need to go it alone. Our lawyers can help you understand your rights and take action to stop the harassment. We can also work to ensure that it does not happen again. Harassers often do not limit their behavior to one single person. We can help determine whether others have been subjected to the same mistreatment on the job.
Here is what you need to know if you are being harassed by a supervisor.
Understanding Workplace Harassment
The Washington Law Against Discrimination is the primary protection against harassment for workers across the state. It is similar in many ways to federal laws, like Title VII of the Civil Rights Act.
The laws generally treat harassment as a form of illegal discrimination. That is, if the harassment is based on a protected characteristic like:
- Race or ethnicity
- Gender or gender identity
- Sexual orientation
- Religion
- Disability
- Age (40 or older)
- Pregnancy
- National origin
- Marital status
Not every unpleasant workplace interaction is illegal. To qualify as unlawful harassment, the behavior must also be unwelcome and severe or pervasive enough to change the conditions of your employment.
Most harassment claims are based on accusations that the behavior has created a “hostile work environment.” A workplace becomes legally “hostile” when the harassment is serious enough to create an abusive environment or interfere with your ability to do your job.
Some of the most common forms of workplace harassment include:
- Sexual advances or inappropriate comments
- Racial slurs or stereotypes
- Repeated offensive jokes or insults
- Physical intimidation or threats
Harassment does not have to involve firing or demotion to be illegal. Instead, it must significantly affect your work environment.
Some sexual harassment claims are based on “quid pro quo” allegations. This kind of harassment occurs in situations in which a manager or authority figure conditions employment benefits on sexual conduct. In other words, the manager pressures the employee to engage in sexual behavior in exchange for a promotion, a raise, or some other benefit tied to the person’s job.
Harassment by a Supervisor
When a supervisor is the harasser, an employee on the receiving end may feel powerless to take action. After all, the supervisor controls your job and may have the power to fire, demote, reassign, or otherwise take punitive action against you. That is part of the reason why state and federal laws make employers vicariously liable for harassment by supervisors.
The most straightforward cases are those in which the harassment leads to a tangible job action, like firing, demotion, denial of a promotion, or a move that results in lower pay. Employers are generally automatically liable in these situations.
Employers are also often held liable in cases where harassment creates a hostile work environment but does not involve a direct job action. An employer can avoid liability only if it can prove that it took reasonable steps to prevent and correct harassment and that you unreasonably failed to use those protections. When an employer ignores complaints or does not take appropriate steps to address them, the employer is likely to be on the hook.
It is important to note that Washington law also allows workers to go directly after supervisors in their personal capacities for on-the-job harassment.
What You Should Do If Your Supervisor Is Harassing You
There are certain steps that can make it easier to protect your rights and prove your claim.
The first step is to document everything. Keep written notes of instances of harassment, including dates and times, what happened, and who witnessed it. Maintain emails, texts, and other communications that document the harassment. This is crucial evidence both for internal complaints and eventual lawsuits.
Next, be sure to review your employer’s policies. Many employers spell out how employees can report misconduct and who they should contact if they feel they are being mistreated at work. It is important to follow these procedures, if possible.
Even if your supervisor is the problem, you can usually report harassment to your employer’s human resources department, another manager, or through a complaint system. Reporting creates a record of the situation and triggers your employer’s responsibility to take action.
It is important to understand that the laws ban employers from retaliating against employees who report harassment. Employers cannot fire, transfer, demote, or take other punitive action just because workers speak up.
Workers are protected from retaliation even if the conduct they complained about turns out to be lawful or the complaint cannot be proved. As long as you reasonably believed you were acting in a protected way and the employer took a retaliatory action, you may be protected.
Our Washington Harassment Lawyers Can Help
If you are being harassed at work, you have the right to take action. You do not need to go it alone. A Washington harassment lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us at (360) 207-0000 to schedule a free consultation with a Washington harassment lawyer.
