Quick Answer
When harassment is illegal, severity/pervasiveness, examples, evidence, and how to file a hostile work environment complaint with the EEOC.
Not all rude behavior is illegal. This guide explains when harassment becomes unlawful and how to file with the EEOC.
When Harassment Is Illegal
- Based on a protected characteristic (e.g., sex, race, disability)
- Severe or pervasive enough to create an abusive environment
- Employer liability rules vary by harasser (supervisor vs coworker)
Examples
- Slurs, unwanted touching, sexual propositions, threats
- Repeated offensive jokes or images tied to a protected trait
Evidence to Collect
- Dates, places, people involved
- Screenshots, messages, witness statements
- Prior complaints to HR and responses
How to File
- Start via portal: https://www.eeoc.gov/filing
- Or visit a local office: see EEOC Offices
FAQs
- What counts as “severe or pervasive”? A legal standard considering frequency, severity, and impact on work.
- Does one bad incident qualify? Single incidents can qualify if especially severe (e.g., assault).
Related: How to File • EEOC Deadlines
Sources
- EEOC Harassment Overview: https://www.eeoc.gov/harassment
Disclaimer: This page provides general information, not legal advice. Laws change and vary by state. Consult a licensed employment attorney for advice about your situation.
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