At work, it is not uncommon for a coworker to crack inappropriate jokes. But what might seem like harmless humor may create a hostile environment for you and others. This article covers what legally constitutes workplace harassment and what steps you can take next.
Where the law draws the line
Under both federal and Michigan law, workplace harassment involves unwelcome conduct based on protected characteristics, such as:
- Race
- Color
- Religion
- Sex
- National origin
- Age
- Disability
Michigan law also protects height, weight and marital status, while federal law additionally covers genetic information.
Why frequency, severity and context matter
A single inappropriate joke typically does not meet the legal threshold for harassment. However, conduct becomes unlawful when it is severe or pervasive enough to create an intimidating, hostile or abusive work environment.
Context also plays a role. A joke targeting your race, gender or religion carries more weight than a generally rude comment. The setting and the identity of the person making the comment can influence how the incident is viewed as well.
How to address the situation
If off-color remarks are affecting your work life, you can approach the issue in various ways.
First, you might want to consider letting the person know that their comments are unwelcome. Sometimes, people do not realize their jokes are offensive. A direct conversation can stop the behavior before it escalates.
If unsuccessful, reporting the behavior to your Human Resources department or supervisor can be your next step. Most employers have specific anti-harassment policies and are legally required to take prompt action to investigate and address complaints.
Where to file a legal complaint
When neither internal option resolves the issue, you can file a harassment complaint outside your company. In Michigan, you have the option of filing either with the Michigan Department of Civil Rights (MDCR) or the U.S. Equal Employment Opportunity Commission (EEOC).
You must file with the MDCR within 180 days of the incident, or with the EEOC within 300 days. These agencies have a work-sharing agreement, so you can usually request that your claim be cross-filed with the other agency at the same time.
Unlike some states, Michigan allows you to bypass these agencies entirely. Under the Elliott-Larsen Civil Rights Act, you have the right to file a lawsuit directly in state court within three years of the alleged harassment.