Workplace Harassment: Your Rights Under Federal Law

Federal law bans workplace harassment based on race, color, religion, sex, national origin, age 40+, disability, or genetic information, including sexual harassment and retaliation for complaining. Covered employers must act to prevent and correct it, and you can file a charge with the EEOC, usually within 180 or 300 days.

What the law says

• Harassment is a form of employment discrimination that violates Title VII, the ADEA, and the ADA. EEOC, Harassment
• Protected bases are race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, age 40 or older, disability, and genetic information (including family medical history). EEOC, Harassment
• Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. EEOC, Sexual Harassment
• The victim and harasser can be any sex, including the same sex. EEOC, Sexual Harassment
• When a supervisor's harassment results in a negative employment action such as firing, failure to promote, or lost wages, the employer is automatically liable. EEOC, Harassment
• Employers are liable for harassment by co-workers or non-employees such as customers or contractors if they knew or should have known and failed to take prompt, appropriate corrective action. EEOC, Harassment
• Retaliation is prohibited: reporting harassment to a manager, answering truthfully in an employer's investigation, or filing or witnessing an EEO charge is protected activity. EEOC, Retaliation
• Retaliation can include a lower-than-deserved evaluation, transfer to a less desirable position, increased scrutiny, spreading false rumors, or threatening to report someone to authorities. EEOC, Retaliation
• Title VII and the ADA apply to employers with 15 or more employees; the ADEA to employers with 20 or more. EEOC, Harassment
• Damages for emotional pain and punitive damages combined are capped at $50,000 (15-100 employees), $100,000 (101-200), $200,000 (201-500), or $300,000 (more than 500). 42 U.S.C. § 1981a(b)(3)

How to file a complaint

File a charge with the EEOC through the EEOC Public Portal, in person at an EEOC office, by mail (signed letter), or through a state or local fair employment practices agency that dual-files with the EEOC; you can start the process by phone at 1-800-669-4000. The deadline is generally 180 calendar days from the discriminatory act, extended to 300 calendar days where a state or local agency enforces a law against discrimination on the same basis. For ongoing harassment the clock runs from the last incident. Federal employees generally must contact their agency's EEO counselor within 45 days. EEOC, How to File a Charge of Employment Discrimination; EEOC, Time Limits for Filing a Charge

Related

• Can You Get Unemployment If You're Fired?
• Hostile Work Environment: When Harassment Becomes Illegal
• No Tax on Overtime: How the Federal Deduction Works
• What Is At-Will Employment?
• What Is the Minimum Wage? Federal vs. State
• Employment Law by state

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.