Legal Definitions - harass

To harass means to engage in a pattern of unwelcome and offensive behavior or communication that causes distress, intimidation, or a hostile environment for another person. This conduct is typically repeated and serves no legitimate purpose, creating a sense of unease, alarm, or significant emotional discomfort for the recipient. Harassment can take many forms, including spoken words, written messages, physical actions, or visual displays.

In the workplace, harassment takes on a specific legal meaning, often constituting a form of discrimination. Under employment laws like Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), workplace harassment involves unwelcome conduct based on a person's protected characteristic (such as race, religion, gender, age, or disability). For it to be legally actionable, this conduct must be so severe or widespread that it fundamentally alters the terms and conditions of the victim's employment, making the work environment intimidating, hostile, or offensive.

Here are some examples to illustrate the concept of harassment:

• Online Harassment: A person repeatedly posts negative and false comments about a former friend on social media, tagging them in each post and encouraging others to spread rumors. Despite requests to stop, the posts continue daily, causing the former friend significant anxiety and damage to their reputation.

  Explanation: This illustrates harassment because the actions are unwelcome, repeated, and intended to cause distress and harm, without any legitimate purpose. The online nature of the behavior creates a hostile environment for the victim.

• Workplace Harassment: A new employee, who uses a wheelchair, consistently finds their accessible parking spot blocked by a colleague's car, despite clear signage. The colleague also makes frequent, unwelcome jokes about the employee's mobility during team meetings, causing the employee to feel isolated and devalued.

  Explanation: This is an example of workplace harassment based on a protected characteristic (disability). The colleague's actions (blocking parking, making offensive jokes) are unwelcome, repeated, and create a hostile work environment, affecting the employee's ability to perform their job comfortably and equally.

• Repeated Unwanted Contact: After a brief dating period, one individual repeatedly sends dozens of unwanted text messages, emails, and calls to the other person, even after being explicitly asked to stop all contact. The messages range from pleading to angry, causing the recipient to fear for their safety and constantly check their phone with dread.

  Explanation: This demonstrates harassment through persistent, unwelcome communication. The repeated nature of the contact, despite clear requests to cease, causes alarm and substantial emotional distress, lacking any legitimate reason for continued interaction.