Harassment based upon a protected characteristic can be evidence of a claim of discrimination. It can also be the basis of a claim by itself when the harassment creates a hostile working environment, but the conduct must still be motivated by a protected characteristic to be legally actionable.
You do not have to be the target of the harassment to be a victim of the harassment. If you witness another employee being harassed and that behavior offends you, or alters your work environment, then you may also have a claim.
At the Center for Employment Law, we understand the humiliation and emotional distress that comes with being harassed, and we can work with you to solve these issues.
For any type of discrimination, including harassment, there are time limits to act. If you think you have experienced discrimination, please contact us as soon as possible so we can meet those deadlines.
The information on this page includes a general overview of harassment, but every situation is different. Do not hesitate to reach out for more information if you believe you are experiencing or have experienced harassment.
+ Protected Characteristics
State and federal law provide for specifically protected characteristics, including gender, pregnancy, age, race, disability, religion, national origin, color, and genetic information. Although some bosses are hostile in their attitudes or demeanor, if their conduct is not motivated by one or more of these protected characteristics, there may not be a legal remedy for you. But, the conduct does not have to include reference to your protected characteristic for it to be because of that trait.
+ Hostile Working Environments
In Oklahoma, a hostile working environment occurs when harassment becomes severe or pervasive enough to alter your employment, or results in you being fired or demoted. Not every incident has to be about your protected trait, but the treatment must be motivated by it overall. Severe conduct can occur a little as one time, but it is so terrible that it creates a hostile environment. Examples of this can include obscene acts (like exposure of genitalia), inappropriate or violent physical touching, or requesting sexual favors as a condition of employment. Pervasive conduct includes activities that stop short of being considered “severe” but occur on a more frequent basis, but it pervades the work environment. There is no magic number of times an incident must occur to be pervasive, so there are a lot of arguments on this issue. But, examples of behavior that can create a pervasively hostile environment include the use of slurs or vulgar derogatory language, telling offensive jokes, using innuendos, withholding work resources or information, and micromanaging work performance.