Q: I’m being harassed at work. Isn’t that illegal?
A: Maybe. It depends on a lot of different things. At the outset, workplace harassment is illegal only if it is because the victim is in a category protected by Ohio or federal law — race, color, sex (including pregnancy), religion, national origin, age, or disability. Harassment based on something else — like a personality conflict — is generally not actionable. Courts have said repeatedly the anti-discrimination laws are not a “general civility code.”
Q: Ok, I’m being sexually harassed. How do I stop it?
A: Report it to a supervisor, Human Resources, or a management-level employee. If the harasser is your supervisor, report it to Human Resources, a different supervisor, or a management-level employee. You should make a report in writing, so there is evidence you complained.
Q: Why should I complain?
A: It’s critical you promptly report workplace harassment for a few reasons. First, you can’t expect it to stop unless you do something about it. Second, employers can usually claim a defense if an employee fails to report harassment and give the employer a chance to stop it. Third, you may not be the only victim — and you probably aren’t. Many harassers, especially sexual harassers, are repeat offenders. Those who get away with it once may victimize others in the future, and their harassment often escalates because nobody stopped them.
Q: I need my job. I’m afraid I’ll be fired if I complain.
A: Most victims feel the same way. But Ohio and federal law provide protection from retaliation for employees who complain about illegal harassment. If the harasser or Company retaliates against you because you complained, that would give you a separate claim. Having a written record of your complaint is therefore important evidence that you did complain.
Q: I complained and it didn’t do anything.
A: If you have made a complaint of harassment based on one of the protected categories discussed above and the Company didn’t stop the harassment, you may need to speak with an employment attorney. You could also file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission.
Q: Is there more I should know?
A: Yes. Don’t go it alone. The law surrounding workplace harassment is very complex. If you are a victim of workplace harassment, the best way to protect yourself is by getting help from a skilled employment attorney.
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