Grounds for Harassment Claims

Harassment occurs when a person feels tormented by a conduct, whether verbal or physical, that is exerted on him or her by another person or group. Employee harassment occurs in the workplace and more often than not is based on the racial, sexual orientation, religious beliefs, age, or disability of a person. The various forms of harassment, whether intentional or not, are unwelcome and offensive. They violate the human rights of the person being harassed. The employee being harassed can actually file a lawsuit against the offending party, provided that what actually happened would constitute harassment.

Grounds for employee harassment

Generally, for an employee to file a claim on harassment, he or she must satisfy several grounds for employee harassment claims. First, the complainant must be a member of a particular statutorily protected sector, which may be based on his or her race, disability, or age, among others. Then the employee must be positive that the harassment was based on his or her membership to that sector, such as in the case of racial discrimination. Lastly, that the particular misconduct or harassment is interfering with the complainant’s performance of work or even the status as an employee. As an exception, simple teases that are not exactly based on the membership of the employee to a particular sector is not regarded as harassment. Furthermore, forms of misconduct that are not affecting the employee or creating a hostile environment are also generally not regarded as harassment.

Filing complaints

Generally, any incident that may be considered as harassment should be immediately reported to the superior or to the human resources manager. If positive that the harassment violated the law, it should be reported to the proper authorities. A human rights commission generally handles the complaints on harassment and discrimination.