Identifying Subtle Forms of Workplace Harassment

Even in today’s more aware and enlightened world, harassment persists in many workplaces, causing a hostile work environment for those targeted—often those with protected characteristics such as race, nationality, age, gender, sexual orientation, or disability. We typically think of harassment as blatant, but sometimes workplace harassment happens in less obvious ways that are still damaging to morale. Identifying and promptly addressing subtle forms of harassment in the work environment helps to bring attention to actions that create a toxic workplace. Reach out to a employment lawyer in San Diego if you’ve been through workplace harassment.

Identifying Workplace Harassment In an Employer’s or Co-Worker’s Remarks

Discriminating remarks aren’t always overt, but still hit their intended target and cause distress.  Offensive jokes targeted at a specific gender, race, nationality, or sexual orientation are forms of discrimination in the workplace even if they are disguised as humor. Sexually inappropriate remarks aren’t always blatant either but may take the form of extravagant compliments on physical appearance, or verbal reprimands about the fit or style of clothing. Excessive or prolonged staring is also a form of sexual harassment when it’s unwanted and causes discomfort.

Harassment Through Exclusionary Behaviors

Harassment isn’t always verbal. Sometimes harassment takes the more subtle form of exclusionary behavior. For example, when an employer excludes one employee or all employees of a specific race, gender, or age from team meetings, group events, conventions, or educational workshops offered to others, greets everyone except a specific employee, or regularly “forgets” to invite one employee to special events, it’s a form of harassment. Exclusionary behaviors could also include relegating those of certain characteristics to less desirable office or seating locations.

Creating a Toxic Work Environment

Harassment can take the form of an employer or co-worker’s actions that create a hostile or toxic work environment. This isn’t always as blatant as yelling, berating, and verbal abuse. Sometimes creating a toxic workplace involves eye-rolling, making derogatory gestures behind someone’s back, spreading rumors, consistently taking credit for someone else’s work, creating hostile competition between co-workers, or making false allegations.

Sexual harassment also creates a toxic work environment even when it’s subtle. For instance, If an employer or coworker displays sexually explicit posters, calendars, or desk ornaments that create an uncomfortable environment for those of the opposite sex, it’s a form of workplace harassment.

Tampering With an Employee’s Personal Office Space

Harassment in the workplace sometimes takes the form of violating an employee’s personal space. An employer has a right to access an employee’s desk or work area, but only for reasonable business-related purposes and with the employee’s consent, or when the workplace has an explicit, posted policy that work areas are subject to search at any time. Consistently targeting one employee’s workspace or that of a subset of people with a protected characteristic for searches is subtle harassment. So are less overt violations of personal space such as removing an employee’s supplies, rearranging their desk, drawers, or cabinets, or moving their items to another workspace location without warning or the employee’s participation.

What Do I Do If I Feel I’m the Target of Workplace Harassment?

Many victims of subtle workplace harassment in California fear that they don’t have grounds to file a complaint when workplace harassment isn’t blatant, or they fear they won’t be believed if their employer has passable excuses for subtle forms of harassment. Fortunately, California employment law acknowledges subtle workplace harassment as having a detrimental effect. Our San Diego employment lawyer at Browne Employment Lawyers can help a workplace harassment victim to know their options, including filing a lawsuit for compensation.