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ARTICLE · 04 JUNE 2013

So, What Is Harassment Really?

In order to maintain a claim of harassment, it's not enough to prove that someone did something mean or rude or distasteful to you.

United StatesEmployment and HR

I see it all the time - an employee feels like he or she is being picked on in the office and complains to a supervisor: "I'm the victim of harassment!" Or the disgruntled worker might take it one step further - "That guy is creating a hostile work environment!" These words conjure up fear in the mind of any human resources professional because of the possibility of an ensuing lawsuit. But how worried should employers be when these words are thrown around? And how bad does it have to be in order to be truly considered "harassment?"

In order to maintain a claim of harassment, it's not enough to prove that someone did something mean or rude or distasteful to you. Instead, the courts will look at the frequency of the conduct, its severity, whether it was physically threatening or humiliating, and whether it unreasonably interfered with the worker's ability to do the job. So, the employee who thinks that supervisor is glaring at her in a mean way is not the victim

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