How do you know if it's "illegal" vs. "legal" harassment in the workplace?
There is no such thing as legal harassment. If you feel you are being harassed then file a complaint.
Illegal harassment is harassment that is based on protected class status (race, religion, sex, age, national origin, disability, and in some places sexual orientation) and is severe or pervasive enough to interfere with the employee's work performance and create an abusive work environment. A single off-color joke isn't going to rise to the level of unlawful harassment but an on-going barrage of jokes directed at an employee probably would.
Harassment, by it's own definition, is illegal.
Perhaps, the questions you should be exploring are, is this a legitimate and fact based complaint, issue, or are you being singled out for complaint........which is a form of harassment. You, can not be legally held accountable for standards that those in similiar positions are not. To attempt to do so, is harassment.
EX........if others are not expected to wash their hands, or wear a uniform......you can not be held to a higher standard, without holding a higher position.
No such thing as legal harassment. If you are being harassed, it is not legal, it is illegal. If you are not sure if what you think is harassment is actually harassment, you might want to discuss it with your Human Resources Representative or seek legal advice. The fact still remains, if harassment exist, it is not legal.
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