Your Rights as a Witness to Harassment in the Workplace
Have you witnessed harassment in the workplace but don’t know what to do? Are you aware of your rights as a witness to such incidents? Workplace harassment is not only illegal, it’s also morally wrong.
What is Workplace Harassment?
Workplace harassment is any unwelcome or unwanted conduct that creates a hostile or offensive work environment. It can include things like verbal abuse, physical threats or violence, or sexual harassment.
According to the laws enforced by the EEOC, actions like basic teasing, a single incident that isn’t very serious, or a casual comment is not considered harassment. For the behavior to be considered improper, it must be totally unwanted or unwelcome. It must also be either severe or pervasive (happening frequently).
For example, if you witness one incident of a co-worker flirting with another employee or if a worker insults another worker once, it usually isn’t illegal – not unless the harassment involved a serious activity like physical assault or a comment like a racial slur.
Protected Classes at Work
Harassment, based on discrimination, is not allowed against anyone under a protected class by law. These classes fall under the classifications of race, color, religion, sex, national origin, age (40 and over), genetic information, and disability.
Observing Workplace Harassment and Legal Protections
If you observe workplace harassment, you may feel scared, confused, and helpless. It is important to remember that you are not alone and there are steps you can take to protect yourself and the victim.
When you witness workplace harassment, you’re basically a bystander. Whether you’re the direct recipient of the harassment or a witness, Title VII of the Civil Rights Act protects you if you report a harassing incident.
You may also file a charge with the EEOC, take part in a harassment investigation, or testify in a harassment case. Title VII will protect you from workplace retaliation.
What You Can Do If You Witness Workplace Harassment
As a bystander, you should ask the victim if you can share details of the activity or report the incident.
To ensure the victim’s safety, it may, if feasible, be best to document the incidents as you witness them. You might also consider intervening directly.
For example, you might let the harasser know that you find their behavior inappropriate and ask that they stop. Don’t do this however if you believe it may escalate the situation or the victim may feel uncomfortable about your speaking out.
You might also avert the activity by simply interrupting things. For example, you might ask the victim a question or begin another conversation unrelated to the activity.
In some cases, you might find an appropriate third party to intervene, such as someone from human resources, a security officer, a supervisor, or another co-worker or colleague.
If you feel you cannot intervene, you might follow up by asking the victim if they need help or if they would like you to document the incident. Don’t record the activity without the victim’s consent.
You may also be asked to take part in an investigation as a witness. If so, it is important to cooperate with the investigators and be honest about what you saw or heard. Doing so will help ensure that the victim gets the protection they need and that the harasser is held accountable for their behavior.
Understanding Your Rights as a Witness
As a witness to workplace harassment, you have the right to:
- Report the incident(s).
- Be protected from retaliation.
- Not participate in an investigation. However, if you choose this right, you may also be dismissed from your position.
- Receive support and resources from your employer (if available).
Again, if you witness workplace harassment, it is important to report the incident(s) immediately to your supervisor or HR department, provided you speak to the victim first. By reporting the incident, you are helping to create a safer work environment for everyone involved.
You should also contact a workplace discrimination attorney to make sure you cover all your bases in this regard.
To be eligible to file a complaint with the EEOC must have 15 or more employees. You have 180 days from the incident to file a charge if the victim is not a federal employee or 45 days if they are working in the federal government.
The EEOC is poised to review all the factors when they are considering harassment in the workplace. The agency may contact the employer to request that the harassment stop. If nothing is done, the victim has the right to contact a lawyer.
How to Report Workplace Harassment
If you witness workplace harassment and have the victim’s consent to report it, it is important to do so immediately. You can do this by speaking to a supervisor, HR representative, or other management personnel.
If you are uncomfortable doing this, you can also file a complaint with the Equal Employment Opportunity Commission (EEOC).
Before you take these steps, however, you should contact a legal advisor to ensure that your rights are protected.
When making a report, be sure to include as many details as possible. This includes the names of the individuals involved, dates and times of the incidents, and any other relevant information. By providing as much information as possible, the situation is more likely to be handled properly and the appropriate action is taken.
Protecting Yourself From Retaliation
If you witness workplace harassment and report it, you may be worried about retaliation from your employer. Retaliation can take many forms, including termination, demotion, or a reduction in hours.. Luckily, there are laws in place to protect witnesses from this activity.
The first step is to understand your rights as a witness. Under the law, employers are prohibited from retaliating against employees who report harassment. This means that you cannot be fired, demoted, or otherwise punished for speaking up about harassment.
If you do experience retaliation after reporting harassment, you should document everything that happens. Keep a log of any negative actions taken against you, as well as any attempts to intimidate or silence you. This will be helpful if you decide to take legal action against your employer.
You should also know that there are confidential resources available to help you if you experience retaliation. The Equal Employment Opportunity Commission (EEOC) can help investigate your claim and file a lawsuit on your behalf, if necessary. You can also contact an experienced attorney who can help you navigate the legal process and protect your rights.
Tips for Supporting the Person Who Is Harassed
You can also support the person who was harassed. First, let them know that you saw what happened and that you are there for them.
This can be a difficult experience for someone to go through, and your support can make a difference.
Secondly, encourage the person to report the incident to their employer or to the police. It is important that incidents of workplace harassment are reported so that actions can be taken to address the issue and keep people safe.
Finally, offer to help the person in any way you can. This might include becoming a witness in an investigation.
Call Jance M. Weberman to Discuss Your Harassment Claim
Do you have a workplace harassment claim you’d like to discuss? If so, contact a workplace harassment attorney now. In Los Angeles, contact Jance M. Webermas soon as possible.