You are not required to negotiate your own safety or dignity at work.
Workplaces are often a mix of all different types of people and personalities, especially at large companies and organizations. There is bound to be friction: not everyone will get along all the time. But what seems like ordinary workplace disputes can cross the line into unlawful harassment. When that happens, employers cannot simply tell those involved to “work it out” among themselves.
Employers in Washington and across the country have legal responsibilities to prevent harassment on the job and to appropriately respond to harassment reports. If bosses and human resources departments brush off harassment complaints, they are shirking their obligations and likely opening their employers up to liability under state and federal laws.
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.
Here is what you need to know about your rights when it comes to harassment at work and your employer’s responsibility to take action.
Workplace Harassment
Harassment at work is treated as a form of employment discrimination under the Washington Law Against Discrimination and Title VII of the 1964 Civil Rights Act.
In order to be considered unlawful harassment, the offensive conduct must be based on a protected characteristic, such as:
- Race or ethnicity
- Gender or gender identity
- Sexual orientation
- Religion
- Disability
- Age (40 or older)
- Pregnancy
- National origin
- Marital status
The behavior must also be unwelcome and severe or pervasive enough to change the conditions of your employment. General rudeness or unpleasant behavior is not enough. Instead, the conduct must create a “hostile work environment” – a workplace that a reasonable person would find intimidating, hostile, or abusive – in order to rise to the level of harassment.
Here are some other examples of harassment:
- Racial slurs or offensive jokes
- Mocking a disability or religion
- Repeated insults tied to a protected trait
- Physical threats or intimidation
Personality conflicts and run-ins with difficult coworkers may not qualify as harassment. That said, employers have to take reasonable steps to determine whether harassment is occurring when workers report offensive conduct. They cannot simply ignore or shrug off harassment reports.
Harassment can also happen in certain “quid pro quo” situations in which enduring the conduct becomes a condition of keeping your job. For example, think of a manager who pressures an employee to endure sexual advances or other sexual conduct in order to keep their job.
HR Told You to ‘Work it Out’? That is a Problem
A key part of laws banning harassment at work is that they impose a duty on employers to investigate. Employers must promptly investigate reports of harassment and take corrective action when they find harassment has occurred.
The laws do not spell out a specific investigation process. In our experience, a reasonable employer should at the very least:
- Take your complaint seriously
- Interview you and the relevant witnesses
- Review relevant documents, such as emails, texts, and other communications
- Keep information confidential
- Reach a conclusion and take action
Simply telling you to “work it out” with a coworker who is harassing you does not even begin to cut it. Employers must investigate complaints promptly and thoroughly, and
take effective action to stop harassing behavior at work.
Employer Liability for Harassment on the Job
An employer who ignores a harassment report, tells the worker who made the report to “work it out,” or otherwise fails to respond adequately faces potential liability under state and federal laws.
Employers generally are responsible for workplace harassment among coworkers if they knew or should have known about the behavior and did not take adequate steps to stop it.
The rules are stricter when the harasser is a supervisor. Employers are automatically liable for “quid pro quo” harassment that leads to a tangible job action, like firing, demotion, denial of a promotion, or a move that results in lower pay. They are also often held liable in cases where harassment creates a hostile work environment but does not involve a direct job action.
A unique aspect of the Washington law is that supervisors and managers can be personally liable for harassment. They can be sued individually, alongside employers, which adds another layer of accountability.
How to Fight Back Against Harassment at Work
Just because your employer told you to “work it out” with your harasser, this is not the end of the story. You have the right to insist that your employer take action and to pursue legal action yourself if your employer does not live up to its obligations.
That often means filing a harassment lawsuit, seeking remedies such as:
- Back pay and lost wages
- Reinstatement
- Front pay
- Non-economic damages
- Punitive damages
- Attorney’s fees and court costs
Employees also have the right to join together to fight back against harassment at work. This kind of conduct often does not happen in a vacuum. When employers thoroughly investigate reports, they often find that multiple or even many other employees have been subjected to the same harassment. When employers do not take action, these workers can pursue class action lawsuits on their own behalf and on behalf of similarly situated coworkers.
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.
