Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Under federal law, employees may not be terminated on the basis of their race, gender, ethnicity, religion, disability or age.
Employers who do so may be subject to civil liability for wrongful termination.
Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop.
Common Employment Law Issues Employment law issues can arise in a wide range of situations.
One of the most common circumstances occurs when an employee is fired for an illegal reason.
Other employment law issues involve workplace conditions.The ban on discrimination applies not only to firings, but to other aspects of employment, including hiring and promotion decisions.Federal and state laws also protect employees from unfair labor practices.When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.