Key facts
- Harassment must be based on a protected characteristic to violate federal law.
- Conduct must create a hostile work environment or involve a change in employment terms to be actionable.
- Employers are responsible for preventing harassment and ending it quickly once aware.
New employment laws are set to expand the scope of employer responsibility for harassment, extending liability beyond the physical confines of the workplace. Businesses will need to address harassment risks that impact the work environment, even when the conduct occurs off-site.
Federal laws, such as Title VII of the Civil Rights Act, prohibit workplace discrimination and harassment based on protected characteristics like race, religion, sex, disability, and age. For harassment to violate these laws, it must be severe or frequent enough to create a hostile work environment or result in adverse employment actions such as demotion or termination.
Employers are obligated to prevent harassment and to take prompt action to end any known harassing behavior. The extent of employer liability for conduct outside the workplace is fact-specific and often depends on the nexus between the conduct and the employment relationship.