Did any of us make it out of school without being bullied or seeing someone bullied? In simplest terms, that's what workplace harassment is: one person who uses something about another person against them, sometimes to torment and sometimes to gain something.

There is a hierarchy to both discrimination and harassment legislation. Over the course of much of the 20th century, federal law began to recognize certain "protected classes." These groups have a history of unfavorable treatment in the workplace and so now are able to claim some protection from that sort of ill-treatment. The state must abide by Federal law but may add additional protected classes, and the employer may identify others in addition to those of the state and federal classifications. According to the US Equal Employment Opportunity Commission:

...it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 

Harassment happens when someone uses the characteristics of a person in a protected class against them. Constant or repeated verbal abuse, derogatory comments, the posting of cartoons or literature, lewd comments or gestures all contribute to a hostile work environment. Anyone can act as the bully -- the harasser -- not just management. But if it is coming from someone in a position of power then there can be the added element of coercion, forcing the target of the harassment into doing things that, if the person had a free choice, they wouldn't do. Schoolyard bullies used taunts and "jokes" to torment their victims and take their lunch money. Workplace bullies use many of the same tactics, with a thin line of distance to claim deniability: it was just a joke, I didn't mean anything by it, don't you have a sense of humor, you want to get ahead, don't you? But they threaten our place at work, our ability to earn, or worse. That's not lunch money they try to coerce out of people.

Not every instance of bad behavior rises to the legal definition of harassment. Despite the critics that try to downplay harassment as a charge that anyone can bring because "their fee fees are hurt," that's just not true. Workplace harassment happens when an employee in a protected class is targeted because they are a member of that class. Granted, it can be confusing. The courts are constantly refining and amending what rises to the level of actionable harassment. Not everything does, sometimes for nonsensical (yet legalistic) reasons.

But we all recognize bullies, even if what they do might not be harassment in the legal definition. That's one place where the Union can help. If that familiar feeling of dread has taken root in your stomach, contact a Steward or the Union office. Most of our companies have guidelines on how to deal with harassment because they want to encourage a happy, productive workplace. Refer to those guidelines, talk to your manager/supervisor, but also contact the Union. We can bring an outside voice into the situation, make sure the company follows its guidelines, and even help mediate if the issue is between union members.