Injury Harassment at Work

A typical job related injury is harassment and/or discrimination. It is defined as an action or speech that is so severe or pervasive as to created a "hostile" or "abusive" work environment. A common type of workplace discrimination is sexual harassment.

Laws that Protect Employees from Harassment and Discrimination

Federal, state, and local laws prohibit specific categories of harassment and discrimination in the workplace that are based on the following characteristics: 

• Race
• Religion
• Sex
• National Origin
• Pregnancy
• Age
• Disability
• Sexual Orientation

Many employers also have their own job injury policy regarding prohibited forms of harassment and discrimination in the workplace.

Another type of job related injury that usually occurs after the employee has left the workplace is Defamation. It is defined as harm to the character, reputation, or career of a former or current employee by false statements or acts by an employer or the employer's representative. Examples of defamation include:

• Falsely accusing a former employee of committing a criminal act at work
• Lying about the reason for the employee's termination

Filing a Complaint for Job Harassment

If you are the victim of harassment and/or discrimination at work, you need to do the following immediately:

• Inform your employer of the harassment/discrimination
• Follow your employer's job injury policy procedures for reporting the harassment/discrimination

If your employer fails do anything to end the harassment and/or discrimination, you can do the following:

• File a claim with the Equal Employment Opportunity Commission (EEOC) and the state EEOC (if required)
• File a lawsuit in court against the employer

Getting Legal Help from a Lawyer

A claim must be filed with the EEOC before you can pursue a civil lawsuit. The EEOC claim must be filed within 180 days from the date of the alleged violations. The time is extended to 300 days if the violation is also covered by a state or local law. If the EEOC claim is dismissed, the EEOC must send you a "Right-To-Sue" letter informing you that you have 90 days to file a lawsuit in federal court.

Be sure to retain an attorney who understands the federal, state, and local laws regarding workplace harassment and discrimination.

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