Sadly, Workplace Harassment is Hard to Prove

Workplace harassment (which is considered to be unlawful) involves actions and words which are both unprovoked and unwanted.  These actions that are all protected under law are based upon an individual’s race, gender, religious affiliation, color, age, handicaps, national origin, or sexual preference.  The conduct has to cause a hostile working environment or involve a situation known as quid pro quo.

In order to constitute a hostile environment, the conduct has to be considered abusive or hostile by the person who is on the receiving end.  Other determining factors in whether something can be deemed harassment by law includes emotional distress, frequency of occurrence, and the extent that the unwanted behavior extends.

The Latin term quid pro quo (literally, this for that) is when incentives such as a raise or other work benefits are offered in exchange for sexual favors or other types of lewd conduct.  If the harassment is proven to be severe or pervasive, it is in violation of law.  The conduct has to be an ongoing issue or an extensive case to be considered sexual harassment.

In the case of Etter vs. Veriflo Corporation in California, alleged harassment occurred in which an employee was called “Buckwheat” a couple of different times.  Other similar offensive comments pertaining to race were made on a handful of occasions.  However this was considered insufficient evidence to actually convict the defendant.  While it was verified that such comments were made, the fact that they were only isolated racial remarks as opposed to an ongoing issue forced a not guilty verdict.

My personal opinion is that the decision was absurd.  No matter how many times or how often the racial comments were made to the employee, it is fairly obvious that they interfered with individual job performance abilities.  It is also clear that the statements were considered highly inflammatory.  Any law which protects and condones this type of behavior is unjust and needs to be amended.

In order to violate the rules of a workplace and receive discipline for such actions, the conduct only needs to be unwanted, not necessarily illegal.  Sometimes the victims of workplace harassment can have problems with absenteeism and production which may be the result of unnecessary stress.  There is counseling available for these workers through the State Employee Assistance Program.

When employees leave a work position because of workplace harassment or sexual harassment, they should consider addressing severance agreements, employment contracts, and separation agreements.