Definition:
Discriminatory harassment refers to unwelcome, discriminatory behavior or conduct that is based on an individual’s race, gender, religion, age, disability, sexual orientation, national origin, or other protected characteristics. This type of harassment is a violation of an individual’s civil rights and can create a hostile, intimidating, or offensive environment, particularly in workplaces, schools, or public spaces. The behaviors can range from offensive jokes, slurs, name-calling, and insults to more severe actions such as intimidation, physical assault, or threats.
Discriminatory harassment occurs when someone is treated unfairly or subjected to harmful behavior specifically due to their membership in a protected class. These classes are often defined by law and can vary slightly depending on the jurisdiction. Commonly protected categories include race, sex, religion, ethnicity, nationality, age, disability, and sexual orientation.
In essence, discriminatory harassment is any act that marginalises or victimises a person based on these characteristics, leading to an environment where the victim feels demeaned or unsafe. The key element that separates discriminatory harassment from other forms of inappropriate behavior is the basis of discrimination—actions must be motivated by the victim’s protected status.
The Impact of Discriminatory Harassment:
This kind of harassment can have far-reaching consequences. Victims often experience emotional distress, anxiety, depression, and a decline in their overall well-being. In professional settings, discriminatory harassment can impact productivity, career advancement, and job satisfaction.
Moreover, discriminatory harassment not only affects the direct victim but can also create a broader toxic atmosphere. Co-workers, students, or members of the public who witness such behavior may feel unsafe or unwelcome, further damaging the community’s cohesion and inclusivity.
Example of Discriminatory Harassment:
An example of discriminatory harassment is when an employee at a company is consistently subjected to offensive comments because of their race. Imagine an African American woman who hears racial slurs from her co-workers or manager daily, and despite reporting it, the company takes no action. She may also be passed over for promotions despite her qualifications, solely because of her race. In this scenario, her workplace becomes hostile, directly affecting her ability to perform her job and her mental health.
Legal Protections Against Discriminatory Harassment:
In many countries, laws prohibit discriminatory harassment. In the United States, for example, the Civil Rights Act of 1964 protects individuals from discrimination in employment based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces these protections and addresses harassment complaints in the workplace.
Steps to Address and Prevent Discriminatory Harassment:
- Establish Clear Policies: Organisations should have well-defined anti-harassment policies that explicitly prohibit discriminatory behaviors and outline reporting procedures.
- Encourage Reporting: Victims or witnesses of harassment should feel empowered to report incidents without fear of retaliation.
- Training and Education: Regular training programs on DEI (Diversity, Equity, and Inclusion) should be mandatory to educate employees, students, and community members about discriminatory harassment and how to prevent it.
- Take Swift Action: When harassment is reported, it is essential to investigate the claims thoroughly and take appropriate action to stop the behavior.
Conclusion:
Discriminatory harassment is a serious issue that affects individuals and communities. By understanding what it is and taking steps to prevent and address it, organisations can create safer, more inclusive environments. Protecting individuals from discriminatory harassment is not just a legal requirement but also a moral obligation to uphold respect, dignity, and equality for all.
Reference:
Estlund, C. L. (1996). Freedom of Expression in the Workplace and the Problem of Discriminatory Harassment. Tex. L. Rev., 75, 687. https://heinonline.org/HOL/LandingPage?handle=hein.journals/tlr75&div=33&id=&page=
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