What actions constitute harassment in the workplace?
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What actions constitute harassment in the workplace?
I was written up today only because I questioned authority; they told me I was late coming back from lunch although I was a few minutes late. I was the only one written up despite others being hours late. I was also given vague threats about my job security for asking questions again.
Asked on February 26, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is a common misconception or misunderstanding that employers may not harass their employees. This, unfortunately, is not true. If you do not have an employment contract, you are an employee at will; that means you may be fired at any time, for any reason, including no reason at all other than that the employer wanted to fire you. This in turn means that the employer may take any steps short of termination--for example, writing you up, threatening to fire you, telling you to not ask questions, etc. Therefore, as a general matter, the behavior you decribe is unprofessional and unfair, but not illegal.
The only exeption is that the employer may not harass an employee because of his or her race, sex, religion, age over 40, or disability (under federal law; some states add a few other protected categories, like sexual orientation). If you suffer harassment because of one or more of these characteristics, that is illegal; but the employer may legally harass you for other reasons, including that questioned authority.
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