Workplace Harassment

Workplace harassment includes unwanted conduct that may affect an employee's dignity, safety, or professional environment. It may take different forms, including verbal harassment, sexual gestures, unwanted physical contact, inappropriate messages, or repeated unwanted behavior.

The legal classification of an incident depends on the nature of the conduct, the circumstances, the relationship between the parties, how the conduct occurred, and the available evidence.

When Can Conduct Be Considered Workplace Harassment?

Examples may include:

• Using unwanted sexual or suggestive language.
• Sending inappropriate messages, images, or videos.
• Making sexual gestures or movements.
• Unwanted touching or physical contact.
• Making inappropriate personal or sexual requests.
• Repeatedly engaging in unwanted behavior after rejection.
• Using professional authority to pressure, threaten, or intimidate an employee because they rejected such conduct.

Is Workplace Harassment a Crime?

Workplace harassment may constitute a criminal offense depending on the nature of the conduct and the circumstances of the incident.

Harassment does not necessarily have to occur inside the company's premises. It may occur during work-related meetings, transportation, business activities, or through electronic communications and messaging platforms used in connection with work.

Depending on the circumstances, the incident may also involve employment, administrative, or other legal responsibilities.

How Can Workplace Harassment Be Proven?

Evidence that may help establish the incident includes:

• Text messages and emails.
• Online conversations.
• Photos or videos.
• Available workplace surveillance footage.
• Statements from coworkers or witnesses.
• Documents and workplace communications.
• Relevant account or phone information.
• Other evidence connected to the incident.

It is important to preserve original evidence and avoid deleting or altering messages, particularly in cases involving online harassment.

What Should You Do If You Experience Workplace Harassment?

If you experience harassment at work, you can:

1. Move away from the situation if you feel unsafe.
2. Preserve messages, images, and conversations.
3. Record the date, time, and location of the incident.
4. Identify any witnesses.
5. Keep documents and communications related to the incident.
6. Report the incident to the appropriate workplace authority when appropriate.
7. Contact the competent authorities when the conduct may constitute a crime.
8. Consult a lawyer to determine the appropriate legal action.

Can You Take Legal Action for Workplace Harassment?

The appropriate legal procedure depends on the facts of the incident, the nature of the conduct, and the available evidence.

A legal assessment can be particularly important when the alleged harasser is a manager, supervisor, employer, or another person with authority over the victim.

The Importance of Legal Consultation

Workplace harassment may take various forms, including verbal, physical, gestural, or digital conduct through messages and social media. It may also involve the abuse of authority or influence. The appropriate legal characterization and response depend on the nature and details of the incident and the available evidence.

Therefore, before taking any legal action regarding workplace harassment, it is important to consult a qualified lawyer to determine the appropriate legal characterization, assess the available evidence, identify the competent authorities, and choose the appropriate legal procedure to protect the victim's rights.