Harassment 

Definition of Harassment

The Equal Employment Opportunity Commission defines harassment as any form of employment discrimination that violates federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), and the Genetic Information Nondiscrimination Act of 2008 (GINA).

Harassment is defined as unwelcome conduct based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, genetic information, or retaliation for engaging in protected Equal Employment Opportunity (EEO) activity or for opposing employment discrimination.

Offensive conduct may include, but is not limited to:

• Jokes, slurs, epithets, or derogatory name-calling.

• Physical assaults or threats.

• Intimidation, ridicule, or mockery.

• Insults, put-downs, or other verbal abuse.

• Display of offensive objects, images, or written material.

• Interference with an individual’s work performance.

When Does Harassment Become Unlawful?

Harassment is unlawful when conduct is sufficiently severe or pervasive that it creates a work environment a reasonable person would find intimidating, hostile, or abusive, or when it results in an adverse employment action such as termination, demotion, or denial of promotion.

For conduct to be unlawful, it must be connected to the complainant’s membership in a protected class. Protected classes include, but are not limited to: race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or prior participation in protected Equal Employment Opportunity (EEO) activity.

It is important to note that EEO laws are not intended to serve as a general civility code. Not all workplace disagreements, minor annoyances, or petty slights rise to the level of unlawful harassment.

Hostile Work Environment

The term hostile work environment is sometimes used informally by individuals to describe any unpleasant or uncomfortable workplace situation. However, under Equal Employment Opportunity (EEO) law, a hostile work environment is a specific legal determination. It occurs when unwelcome harassing conduct is so severe or pervasive that a reasonable person would consider the work environment to be intimidating, hostile, or abusive.

Harassment and hostile work environment claims differ from other types of employment discrimination claims in both nature and scope. Hostile work environment claims generally involve repeated conduct that occurs over a period of time. The unlawful employment practice arises not from a single incident, but rather develops over a series of days, months, or even years.

It is important to note that not all workplace conflict or dissatisfaction constitutes harassment. Legitimate and reasonable management actions—such as transfers, reassignments, performance evaluations, disciplinary measures, or other supervisory decisions—do not constitute harassment when carried out in a fair, professional, and reasonable manner.

For conduct to rise to the level of unlawful harassment, it must be objectively offensive and severe or pervasive enough to alter the conditions of an individual’s employment.

Beyond legal compliance, the District is committed to fostering a workplace culture that is free from intimidation, hostility, and disrespect of any kind.