HR Acuity’s 2023 Workplace Harassment and Employee Misconduct Insights report shows that 52% of employees have experienced or witnessed harassment in the workplace.
Depending on the circumstances, harassment can be sexual in nature and be classified as a sex crime. According to sex crime lawyer Richard Ruhl, a sex crime is a criminal offense that happens when one person sexually abuses another or instigates a forced sexual encounter with them.
When defining harassment, the contrast between state and federal laws is important. The federal law serves as the basic framework that the states usually build on, providing broader definitions and protection. This complication can guide both employers and employees in their harassment claims.
How might these differences affect an individual facing harassment? Let’s look at some nuances that could impact your or your organization’s approach to these serious issues.
Overview of Federal Harassment Laws
Many federal laws address harassment to protect anyone from any sort of unwanted behavior in a variety of settings, including the workplace or educational institution. The laws promote an environment in which you can grow and belong. The laws are designed to protect people from harassment based on race, color, creed, sex, national origin, disability, or age.
Once the act of harassment has occurred, it should be reported and justly punished. The institutions and employers must afford reasonable accommodation to support those claiming to be victims by preventing and remedying such behaviors. An understanding of your rights and building a firm defense will promote a community that accepts and affirms all.
How harassment is addressed may differ by state. For instance, under California’s sexual harassment laws, it is mandatory for all employers to provide different sexual harassment prevention training to keep employees safe and accountable.
Variations in State Definitions of Harassment
While some federal laws set the minimum standards for harassment protection, definitions at the state level can drastically vary depending on the standards and expectations. Each state’s criteria for harassment can involve different behaviors, intents, or circumstances related to those acts.
Some states might view emotional distress as harassment, whereas others may consider only physical acts. Such differences may confuse your understanding of your rights and available protections.
An understanding of the harassment definition in a particular state is advantageous when trying to resolve a certain issue. Familiarity with the various local legislation contributes to creating a safe, respectful space.
Additional Protections Offered by State Laws
In some states, laws afford further protection against harassment beyond the reach of federal standards. This protection is given to individuals by turning towards the wider definition of harassment. They may prohibit certain discriminatory conduct based on sexual orientation or gender identity.
Laws can also prohibit bullying. There are laws in schools or workplaces against bullying that make the environment safe for everyone. States will implement very severe punishments for harassment and enforce strict accountability from everyone.
Stronger protections significantly lower the risk of harassment incidents occurring. When you understand these laws of your state, you are equipped to interpret your rights for self-advocacy or standing up against injustice.
Reporting Procedures: Federal vs. State
Understanding the additional protections provided by state laws is just the beginning. You should know how to report harassment too. Should you undergo harassment, you could decide to follow the federal or state reporting procedure. Keep in mind that both have their own processes.
At the federal level, complaints would be filed with the Equal Employment Opportunity Commission (EEOC). Any other agency in a certain state may also demand that a matter be reported to it, such as a labor board or civil rights commission.
Know these procedures, for they differ greatly. Collecting evidence and recording incidents is worth your time, be it for federal or state reporting. You know what to do and you can fight for the support you deserve if you are well informed about your legal options.
Implications for Employers and Employees
Employers and employees alike must carefully address the implications of evolving harassment laws. The employer must understand the difference between the laws at the federal and state levels. You create a safe workplace by training people and allowing a clear reporting procedure.
An employee needs to be aware of their rights under such laws. To take action, the employee being harassed must understand how to report an incident. The atmosphere must be upheld as equally respectful and supportive for all.
Mutual understanding and appreciation of rights and duties develop the spirit of belongingness and trust among coworkers and thereby build a healthy environment for all.
