Workplace harassment is any unwelcome or offensive behavior that creates a hostile, intimidating, or abusive work environment. It includes actions, comments, or conduct that make employees feel uncomfortable, threatened, or discriminated against. Harassment can take many forms, and it can come from coworkers, supervisors, or even third parties, such as customers or clients. In any case, harassment disrupts an employee's ability to perform their work and can severely impact their mental, emotional, and professional well-being.
Harassment becomes unlawful when the behavior becomes pervasive, severe, and detrimental to the employee’s ability to work. The law protects employees from such behavior, especially when it is based on a protected characteristic like race, gender, religion, or disability.
Legal Protections Against Workplace Harassment in Detroit
Federal Laws
Title VII of the Civil Rights Act of 1964
One of the most significant pieces of legislation regarding workplace discrimination and harassment is Title VII of the Civil Rights Act of 1964. This landmark federal law prohibits discrimination based on race, color, religion, sex, and national origin. It also provides protection against harassment related to these characteristics.
Under Title VII, employees are entitled to work in an environment free from offensive behavior based on race, color, religion, sex (including sexual harassment), and national origin. Employers are required to take steps to prevent and address harassment in the workplace. If an employee experiences harassment based on these protected characteristics, they have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC), which investigates such claims.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) offers protections for individuals with disabilities, ensuring that they are not discriminated against or harassed because of their disability status. The ADA requires that employers provide reasonable accommodations for employees with disabilities, as long as it does not create an undue hardship for the business.
Under the ADA, harassment based on disability—such as mocking, bullying, or exclusion due to a physical or mental condition—is prohibited. If an employee is subjected to such treatment, they can file a complaint with the EEOC or pursue legal action under the ADA. Employers are also required to ensure that their workplace is accessible and free from harassment related to disability.
The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) specifically protects employees aged 40 and older from discrimination and harassment in the workplace based on their age. The ADEA makes it unlawful for employers to treat employees unfairly because of their age in any employment decision, including hiring, firing, promotions, and job assignments.
Age-based harassment can include offensive jokes, comments about an employee’s age, or exclusion from opportunities based on assumptions about their age or abilities. Employees who experience such harassment can file complaints with the EEOC or take legal action to address the discrimination.
Michigan State Laws
Elliott-Larsen Civil Rights Act
Michigan’s Elliott-Larsen Civil Rights Act is the state-level counterpart to Title VII and offers additional protections for employees in Michigan. This law prohibits discrimination and harassment based on race, sex, religion, national origin, height, weight, marital status, and other characteristics, including sexual orientation and gender identity.
The Elliott-Larsen Act ensures that employees in Michigan are protected from a broader scope of harassment and discrimination than federal laws alone might provide. Employees who are victims of harassment based on any of these protected characteristics have the right to file a complaint with the Michigan Department of Civil Rights (MDCR). The MDCR investigates claims of workplace harassment and discrimination and works to resolve issues through mediation or legal action.
Michigan’s Fair Employment Practices Act
Michigan’s Fair Employment Practices Act adds another layer of protection by addressing employment discrimination based on specific characteristics, such as age, marital status, and height/weight, which may not be fully covered under federal law. This Act complements the Elliott-Larsen Civil Rights Act, offering further remedies and protections to employees facing harassment or discrimination at work.
Under this act, workers have the right to file complaints regarding unfair treatment or harassment based on the protected characteristics outlined in both the state and federal law. The MDCR is responsible for investigating these complaints, ensuring that justice is served and employees’ rights are protected.
Steps to Take When Facing Harassment
Documenting the Harassment
Once you recognize that you are being harassed, documentation becomes an essential part of protecting your rights. Keeping a detailed record of harassment incidents helps create a solid case if you decide to report the harassment or pursue legal action.
What to document:
- Dates and Times: Write down when each incident occurred. Having specific details, including the date and time, is crucial for understanding the pattern of harassment.
- Location: Record where the incidents took place, whether it was in the workplace, during a work event, or in a virtual setting (if applicable).
- Details of the Incident: Be as specific as possible. Write down exactly what was said or done, including any offensive remarks, actions, or gestures. Note the tone of voice or the body language involved, if relevant.
- Witnesses: If anyone witnessed the incident, document their names and contact information. Witness testimony can support your claims and strengthen your case.
- Your Response: If you took any action in response to the harassment, such as asking the person to stop or reporting it to a supervisor, document that as well. This shows that you attempted to address the issue.
Reporting Internally
In many cases, the first step in addressing workplace harassment is to report it internally. Most employers have policies in place for addressing harassment, and reporting it can sometimes resolve the issue without further escalation. Here's how you can start the internal reporting process:
- Speak to Your Supervisor: If you feel comfortable, the first step is often to speak with your immediate supervisor. Share your concerns and describe the incidents of harassment you have faced. Your supervisor may be able to address the issue directly or escalate it to the appropriate department.
- Human Resources (HR): If you are uncomfortable talking to your supervisor or if the supervisor is the source of the harassment, the next step is to contact your company's HR department. HR is trained to handle complaints about harassment and will typically initiate an investigation into the matter.
- Use the Company’s Grievance Procedure: Many companies have a formal grievance procedure for employees to follow when they face harassment. This may involve submitting a written complaint, which will trigger a more formal investigation. It’s important to follow the company’s procedures to ensure your complaint is handled properly.
Seeking External Help
If the harassment continues despite internal efforts to address it, or if your employer fails to take appropriate action, you may need to seek help from external organizations. These organizations can investigate the issue and ensure that your rights are upheld.
- EEOC (Equal Employment Opportunity Commission): If you believe the harassment is based on a protected characteristic (such as race, gender, disability, or age), you can file a complaint with the EEOC. The EEOC investigates discrimination claims and can help resolve the issue through mediation or legal action. Employees must file a complaint with the EEOC before filing a lawsuit under federal law.
- MDCR (Michigan Department of Civil Rights): In Michigan, employees can also file a complaint with the Michigan Department of Civil Rights (MDCR). The MDCR enforces Michigan’s Elliott-Larsen Civil Rights Act, which protects against discrimination and harassment based on additional characteristics like marital status, height, weight, and more. MDCR offers mediation and will investigate claims to ensure that your rights are protected.
- Local Legal Aid: If you’re unsure about the next steps, you may consider reaching out to a legal aid organization or employment lawyer who specializes in workplace harassment. They can guide you through the process of filing complaints and help you understand your legal options.
Legal Remedies
If the harassment is not resolved through internal reporting or external agencies, or if the harassment has caused significant emotional distress, lost wages, or other damages, legal action may be necessary. Legal remedies include:
- Filing a Lawsuit: If the harassment has not been addressed through internal procedures or external complaints, you may choose to file a lawsuit against your employer for discrimination or harassment. You may seek damages for emotional distress, lost wages, and punitive damages.
- Damages for Emotional Distress: If the harassment has caused significant emotional or psychological harm, you may be entitled to compensation for medical treatment or therapy, as well as pain and suffering.
- Lost Wages: If you missed work or lost career opportunities due to the harassment, you may be able to recover lost wages as part of your legal claim.
- Punitive Damages: In extreme cases, if the employer acted in a particularly egregious manner, you may be entitled to punitive damages. These are designed to punish the employer for their actions and deter future misconduct.
Conclusion
Workplace harassment is a serious issue that no employee should have to tolerate. Whether it's sexual harassment, racial discrimination, bullying, or any other form of mistreatment, it’s critical for employees to recognize harassment early and take action. Addressing harassment promptly not only protects your personal well-being but also ensures that your professional life isn’t undermined by harmful behavior.
If you are experiencing harassment or discrimination in the workplace, it’s important to know that help is available. Marko Law is here to protect your rights and guide you through the process of addressing workplace harassment. Whether you need help understanding your options, filing complaints with the proper authorities, or pursuing legal action, our experienced team is ready to support you every step of the way.
Don’t wait for harassment to escalate. Contact Marko Law today to schedule a consultation. We’ll ensure that your voice is heard and your rights are fully protected.
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