Is Being Singled Out at Work Harassment
By Corey Hanrahan
Is being singled out at work harassment? Navigating the nuanced environments of a modern workplace is rife with interpersonal dynamics that can be as positive, or negative, as they are complex. However, there’s a fine line between mistreatment and outright harassment, especially when an employee is consistently singled out by their peers or superiors. This distinction is not only a matter of personal integrity but also a legal one that can have significant repercussions for employers and employees alike.
“…If the teasing is unrelated to work, invokes one of the protected characteristics above, and creates a hostile work environment, it could be classified as harassment…”
The Legal Yardstick: What Constitutes Harassment in the Workplace
The law defines workplace harassment as any unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information, or sexual orientation. This list oftentimes grows, and the enumerated categories can be found in California Government Code section 12940. This includes offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, and interference with work performance.
Consider a situation where a retail employee faces relentless teasing from their manager over their clothing choices. If the teasing is unrelated to work, invokes one of the protected characteristics above, and creates a hostile work environment, it could be classified as harassment. Similarly, if the employee’s gender, for example, is the basis for the teasing, it also involves potential sex-based harassment.
A Constructive Critique or an Act of Hostility?
However, not all incidents of being singled out at work constitute unlawful harassment. Constructive criticism or warranted disciplinary action can be an important part of career development and workplace structure. These instances generally stem from a specific conduct or issue related to an employee’s job performance and come with guidelines for improvement.
However, when criticism is unjust or delivered in a demeaning and personal manner, it can cross the line. Take the example of a female tech employee who is persistently excluded from discussions by their team of otherwise male members. If the exclusion inhibits her ability to perform her job and is not founded on legitimate, work-related factors, this could be a form of harassment or discrimination based on sex or gender – if the employee can prove that her sex/gender is the motive behind the mistreatment. The employee always has the burden of proving that the protected characteristic is the motivating factor behind the mistreatment.
Cases where the line between acceptable workplace behavior and harassment is blurred require careful consideration of the context, the parties involved, and the severity of the behavior. This is often where an experienced employment law attorney can play a crucial role. It is vital for employees to understand the legal elements of harassment, and societal expectations surrounding harassment. By creating an environment where complaints are dealt with promptly and justly, and where respect is a guiding principle in all interactions, workplaces can be safe, productive, and fulfilling for all. Single-out at work, when it’s not just a one-off situation, can be a red flag for potential harassment, if it can be proven that a protected characteristic is the motive behind being singled out.
If you feel that you are being singled out at work based on a protected characteristic, contact Corey Hanrahan of The Hanrahan Firm for a free consultation to see if you have a case for workplace harassment.
