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WorkRights public legal education

Harassment at Work

Harassment at work often begins with conduct a worker can describe long before the worker knows the legal label: a racial slur, repeated sexual comments, unwanted touching, offensive images, mocking a religion or disability, threats, or hostility connected to a protected characteristic.

Harassment at work often begins with conduct a worker can describe long before the worker knows the legal label: a racial slur, repeated sexual comments, unwanted touching, offensive images, mocking a religion or disability, threats, or hostility connected to a protected characteristic.

Not every rude, abusive, or unfair workplace is unlawful harassment. The legal significance depends on what happened, why it happened, who was involved, how serious or frequent the conduct was, what the employer knew, and what the employer did after learning about it.

Start with the conduct

Write down the exact words, messages, images, physical conduct, dates, locations, witnesses, and people involved. Preserve original messages or images you lawfully possess. Separate what you personally saw or heard from what someone else reported.

Choose the issue that fits

Racial harassment and racial slurs. Use the racial-harassment guide when race-based words, symbols, jokes, threats, stereotyping, or hostility are central.

Sexual harassment. Use the sexual-harassment guide for unwanted sexual comments, propositions, touching, sexual messages or images, or other sex-based hostility.

Harassment can also overlap with religion, disability, pregnancy, national origin, sex discrimination, or another protected characteristic. The underlying issue guide can help identify the right legal framework.

Employer notice and response can matter

If the conduct was reported, preserve what was reported, who received it, any acknowledgement, investigation communications, interim measures, corrective action, and whether the conduct stopped.

If things became worse after a report

Document later discipline, schedule changes, exclusion, threats, increased scrutiny, or termination separately. A later action is not automatically retaliation, but the sequence may require a separate retaliation analysis.

Preserve the record before it changes

Save policies, complaints, messages, investigation communications, witness information, relevant discipline, and records showing the employer’s response.