Jeffrey Fermin
November 5, 2024
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9 Min Read
What Does The EEOC Define as Harassment? Along With Different Examples
Compliance

Imagine you’re at work, and a colleague begins making repeated comments about another coworker’s appearance, insisting it’s “all in good fun.”

Over time, though, the target of these remarks feels uncomfortable, distracted, and even anxious at work. Situations like this aren’t just uncomfortable — they can cross into workplace harassment, an area regulated by the Equal Employment Opportunity Commission (EEOC).

The EEOC’s definitions of harassment are designed to protect individuals from unwelcome and offensive conduct that can affect their well-being, morale, and job performance.

But what exactly constitutes harassment in the eyes of the EEOC? And what can employees and employers alike do to address or prevent it?

In this blog, we’ll break down the EEOC’s definitions of harassment, explore the different types with examples, and provide insights on how to handle and prevent these situations effectively.

What Does the EEOC Define as Harassment?

The Equal Employment Opportunity Commission (EEOC) defines harassment as any unwelcome conduct directed at an individual based on certain protected characteristics. These include race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, age (40 or older), disability, or genetic information. Harassment can range from offensive jokes and slurs to physical threats, and it can occur through verbal, written, or physical means.

The EEOC’s guidelines make it clear that harassment becomes unlawful in two primary situations:

  1. When the conduct becomes a condition of continued employment — for example, when an employee must tolerate harassment to keep their job.
  2. When the behavior creates a hostile or abusive work environment — this occurs when a reasonable person would find the atmosphere intimidating, hostile, or otherwise detrimental to their work experience.

To determine whether a behavior qualifies as unlawful harassment, the EEOC considers factors like the frequency of the conduct, the severity of the behavior, and whether it interferes with an employee’s ability to perform their job.

Even if a single incident is not extreme, repeated behavior can establish a hostile environment over time.

Importantly, the EEOC recognizes that harassment impacts more than the immediate target—it can disrupt team dynamics, decrease morale, and damage overall productivity. Recognizing the range of behaviors that fall under harassment, and understanding their effects, is essential for fostering a work environment that is respectful, psychologically safe, and legally compliant.

Types of Harassment Defined by the EEOC (with Examples)

The EEOC recognizes multiple forms of harassment, each carrying unique implications and serious consequences. Understanding these distinctions is essential for maintaining a safe, compliant, and respectful work environment. Below, we’ll detail each type of harassment and offer examples to illustrate how they may appear in a professional setting.

Types of Harassment Recognized by the EEOC

The EEOC recognizes multiple forms of harassment, each carrying unique implications and serious consequences. Understanding these distinctions is essential for maintaining a safe, compliant, and respectful work environment. Below, we’ll detail each type of harassment and offer examples to illustrate how they may appear in a professional setting.

1. Racial Harassment

Racial harassment includes any unwelcome conduct based on race or ethnicity that creates an intimidating or hostile environment. This behavior could range from racial slurs and offensive comments to stereotypes that undermine a person’s dignity and work experience.

Example of Racial Harassment

A manager frequently tells jokes that rely on racial stereotypes during team meetings. These comments make certain employees feel marginalized and uncomfortable, impacting their sense of belonging in the workplace.

2. Sexual Harassment

Sexual harassment involves any unwanted behavior of a sexual nature, such as advances, suggestive comments, or physical contact. This form of harassment can also include conduct that creates an atmosphere where employees feel pressured or intimidated, even if no physical interaction occurs.

Example of Sexual Harassment

A colleague repeatedly makes unsolicited comments about another employee’s appearance and sends flirtatious emails. The recipient feels uncomfortable and distracted, affecting their ability to focus on work.

3. Religious Harassment

Religious harassment occurs when an employee experiences derogatory treatment based on their religious beliefs or practices. This may include mocking religious customs, attire, or practices, as well as pressuring individuals to conform to other beliefs.

Example of Religious Harassment

An employee who wears a headscarf for religious reasons is frequently asked by their supervisor to “dress more appropriately,” implying that their religious attire is unprofessional. This behavior creates an uncomfortable and exclusionary atmosphere.

4. Age-Based Harassment

Age-based harassment includes derogatory treatment or exclusion of individuals due to their age, often affecting those over 40. This type of harassment can involve stereotypes, such as assumptions about ability or energy, and may prevent older employees from accessing equal opportunities.

Example of Age-Based Harassment

A team lead consistently excludes a senior employee from technology training sessions, citing that they’re “too old to keep up with the changes.” This behavior unfairly marginalizes the employee and limits their access to professional growth.

5. Disability Harassment

Disability harassment involves unwelcome actions or comments about an individual’s physical or mental disability. This type of harassment may include teasing, exclusion, or denying reasonable accommodations, and it creates a hostile environment that undermines the dignity and respect owed to all employees.

Example of Disability Harassment

A colleague makes jokes about an employee’s need for assistive devices, like a wheelchair, and dismisses their contributions during meetings. This behavior not only alienates the employee but also affects team dynamics and morale.

6. National Origin Harassment

National origin harassment involves targeting an individual based on their nationality, culture, language, or accent. Such harassment can manifest in teasing, exclusion, or the promotion of stereotypes that undermine a person’s professional identity.

Example of National Origin Harassment

An employee who speaks English as a second language is frequently interrupted or mocked for their accent during presentations, making them feel unwelcome and undervalued.

7. Gender Identity and Sexual Orientation Harassment

Harassment based on gender identity or sexual orientation includes any discriminatory conduct targeting a person’s identity or orientation. This can include misgendering, exclusion, or derogatory comments that make the individual feel unwelcome or unsafe.

Example of Gender Identity and Sexual Orientation Harassment

An employee who identifies as non-binary is repeatedly addressed with incorrect pronouns, despite reminders to use their preferred ones. This behavior not only disrespects their identity but also contributes to a hostile work environment.

8. Genetic Information Harassment

Genetic information harassment targets an individual’s genetic background or family medical history, often inappropriately used to suggest their health or capability in the workplace. This type of harassment can lead to exclusion or judgments based on irrelevant and sensitive information.

Example of Genetic Information Harassment

After sharing that a family member has a medical condition, an employee faces assumptions from colleagues about their own health, affecting their sense of privacy and security in the workplace.

Each type of harassment outlined here underscores the need for a respectful, supportive workplace where every employee is treated with dignity.

By understanding these distinctions, HR leaders and employees alike can recognize, prevent, and address harassment more effectively, supporting a healthy and inclusive environment.

Understanding EEOC’s Enforcement Guidelines on Harassment

The EEOC’s enforcement guidelines outline how harassment cases are evaluated and provide clear criteria for what constitutes a hostile work environment. These guidelines serve as a framework to help organizations understand not only what behavior is considered unlawful but also how they can foster a culture of accountability and respect.

Key Points of the EEOC’s Guidelines

The EEOC defines harassment as unwelcome conduct based on legally protected characteristics, such as race, color, sex, national origin, age, or disability. For behavior to qualify as harassment under EEOC guidelines, it must meet certain criteria:

  • Severity and Frequency: The behavior must be severe, pervasive, or both. A single, highly offensive act might qualify, as could a pattern of repeated, less severe actions.
  • Impact on the Workplace: Harassment is evaluated based on its impact, not just intent. If the conduct creates a work environment that a reasonable person would find intimidating, hostile, or abusive, it may be considered harassment. The EEOC looks at whether the targeted individual feels hindered or stressed by the behavior, regardless of the perpetrator’s intent.
  • Power Dynamics and Consent: Situations involving power disparities—like manager-to-employee harassment—are scrutinized carefully, as they can inhibit an employee’s ability to speak up. The EEOC recognizes that employees in subordinate positions may feel pressured to tolerate inappropriate behavior to avoid risking their jobs.
  • Employer Responsibility: According to the EEOC, employers are responsible for preventing and addressing harassment in the workplace. This includes responding to complaints promptly and implementing preventive measures like training and clear policies. If an employer fails to take reasonable steps to prevent or address known harassment, they may be held liable for not providing a safe work environment.

The Role of HR in Supporting EEOC Guidelines

HR teams play a critical role in upholding these standards. Effective HR practices include establishing and enforcing anti-harassment policies, providing training that aligns with EEOC guidelines, and ensuring that reporting channels are accessible and anonymous if needed. Regular policy reviews and staff training can reinforce expectations around appropriate behavior, reducing the risk of harassment and creating a work culture built on respect and accountability.

Through proactive measures and a commitment to compliance with EEOC guidelines, HR leaders can cultivate an environment where employees feel supported and safe, free from harassment and discrimination. This not only aligns with legal requirements but also promotes a positive, productive workplace culture that benefits everyone.

Creating a Workplace That Prevents Harassment

Building a workplace free from harassment begins with a commitment to respect, inclusion, and accountability. While policies and guidelines set the foundation, a truly harassment-free environment is shaped by everyday actions, communication, and the culture we cultivate.

Preventing harassment involves more than reactive measures; it’s about fostering a culture where every employee feels safe to express concerns, knowing they’ll be met with fairness and empathy. This proactive approach starts with clear, accessible policies, regular training, and an environment where people understand both their rights and responsibilities. Leaders and HR teams play a key role here, not only by upholding standards but also by setting an example of respectful, empathetic communication.

Creating a Safe Workplace With The Help of AllVoices

Creating an open workplace culture means giving employees a way to report concerns without fear of retaliation.

For many, the option to report harassment anonymously can be a critical factor in feeling safe enough to speak up. This approach ensures that issues are addressed early, rather than after they’ve escalated into more serious problems.

AllVoices was created to provide exactly this: a secure, confidential way for employees to share their concerns. Through our platform, employees can report harassment anonymously, giving voice to individuals who might otherwise feel silenced.

Beyond reporting, AllVoices’ structured investigation tools help HR leaders manage cases efficiently, ensuring a fair, standardized process that brings clarity to complex situations. Our goal is to help organizations not only respond to harassment but also prevent it by fostering transparency, trust, and respect at every level.

By combining commitment with the right tools, companies can create a truly safe and inclusive workplace—one where harassment has no place, and everyone feels empowered to contribute. With the right framework, we can support one another and build a culture rooted in dignity and respect.

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