5 Common examples of workplace harassment: Understanding and prevention

In this Article:

• What is workplace harassment?
• Types of workplace harassment
• How do you prevent and mitigate workplace harassment?
• Protecting your business from harassment claims
• Creating an effective anti-harassment policy
• Frequently asked questions 
• Learn more about protecting your workplace

It's been over 60 years since Title VII of the Civil Rights Act of 1964 became law, but workplace harassment is still a reality for millions of American employees. All forms of harassment, whether they're based on gender, race, disability, or personal beliefs, create a hostile environment where employees face unrelenting insults and fear retaliation. By recognizing the most common types of workplace harassment, small business owners can prevent these situations and maintain a workplace that is safe and equitable for everyone.   

Addressing harassment in the workplace can also improve your business. When employees feel protected and supported, they are more likely to stick around, improving your retention rates and boosting morale. 

What is workplace harassment?

The U.S. Equal Employment Opportunity Commission enforces laws against workplace harassment. According to the EEOC, harassment in the workplace involves conduct that is unwelcome and offensive, and that is based on a protected classification such as race, national origin, color, sex (including sexual orientation, gender identity, and pregnancy), disability, age (over 40), religion, or genetic information. Harassment can include telling derogatory jokes, sharing offensive cartoons or pictures, using ethnic slurs, pressuring others for sexual favors, unwanted touching, and more. Retaliating against a worker for reporting these behaviors is also considered harassment.   

Harassment that creates a work environment that most people would consider hostile, offensive, or intimidating is illegal. The harasser can be any age or gender, and can be the victim’s co-worker, supervisor, direct report, or even a non-employee, such as a vendor. A victim can be the person who is harassed, or someone else who is affected by the harasser’s behavior, according to the EEOC. The first step toward addressing and preventing harassment is understanding what it looks like. Here are a few examples of harassment in the workplace.

1. Racial harassment

Harassment and discrimination based on race or national origin are still present in the American workplace. 

Examples of harassment in the workplace include derogatory jokes, racial slurs, personal insults, and expressions of disgust or intolerance toward a particular race or country of origin. Abuse may range from mocking a worker's accent to psychologically intimidating employees by making threats or displaying discriminatory symbols. Harassers may include supervisors and co-workers as well as customers or patients. To address racial harassment, you may want to start by offering employees unconscious bias training.

2. Sexual and gender employee harassment

Title VII prohibits discrimination based on sex, sexual orientation, gender identity, and pregnancy. The number of sexual harassment charges received by the EEOC increased 13.6% in 2017, coinciding with the #MeToo movement.  It's important to note that the EEOC found, in a study conducted prior to #MeToo, that most harassment is never reported. The study found that up to 90% of workers who were harassed did not report it to a supervisor, manager, or union representative.   

Sexual and gender harassment can take many forms. It includes unwanted physical contact, intimidation, threats, insults, offensive pictures, and more. A manager who asks a subordinate out on a date and implies that agreeing will improve their standing on the team is one example. Another example of workplace harassment is when an employee circulates a joke about transgender people in a group chat. If an employee is passed over for a promotion because they are pregnant, they may also be a victim of gender harassment. 

3. Religious harassment

Individuals who express their beliefs outwardly are more likely to experience this form of harassment. On the other hand, employees who are nonreligious may be confronted by co-workers or superiors who have different beliefs. Arguing about religion and attempting to change someone's viewpoint are also considered to be harassment.  

The EEOC states that it's not illegal to make an offhand comment or joke about someone's religion. Teasing becomes harassment when it creates a hostile work environment or the worker fears retaliation. However, insensitive comments about one's spiritual or personal beliefs are still hurtful and may create an environment where other forms of harassment can flourish.

4. Age harassment

Workers aged 40 or older are protected from harassment and discrimination by Title VII. Still, about two-thirds of American workers over the age of 50 experience workplace age discrimination.
   
With many people delaying retirement, the US workforce is aging, and older workers have the experience to add significant value to their employers. But ageism still exists, even though it is illegal to discriminate against workers who are 40 years old or older. This means that older workers are legally protected against discrimination due to their age, and they cannot be victims of an adverse employment decision, such as demotion or firing, based on their age.   

Related: 3 Reasons why ageism is underreported in the workplace  

As the composition of the workforce shifts, employees and managers must be aware of the stigma that older professionals face. In an age-diverse workplace, it's important to prevent workplace harassment by integrating older workers into the team, avoiding isolation, and listening to their ideas.

5. Retaliation harassment

The most common EEOC claim of employee harassment is retaliation. Retaliation occurs when an employee is reprimanded, disciplined, or generally has their work environment made more difficult because they reported experiencing harassment, intervened to prevent harassment, or participated in an interview about a harassment case. 

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How do you prevent and mitigate workplace harassment?

Under federal law, businesses are responsible for preventing harassment and for addressing disputes quickly and fairly. Unresolved harassment claims may lead to government investigations, lawsuits from current or former employees, and lost revenue.  In certain cases, employers are automatically liable for harassment perpetrated by managers and supervisors.
  
Today, businesses of all sizes must implement anti-discrimination policies and create effective plans for preventing, detecting, and mitigating employee harassment. As a business owner, it's more important than ever to maintain a welcoming workplace that's free from hostility.  

Perhaps the best reason to stop workplace harassment in its tracks is because it's the right thing to do. “Harassment is costly and harmful to everyone in a company, because it leads to decreased productivity and profitability, poor morale, increased absenteeism, and turnover and has legal consequences,” says Erica Fletcher, former Global Head of Diversity, Equity and Inclusion for Hiscox. “It’s not the right way to treat people and it’s not the kind of environment people want to work in. It’s important to make sure your team members understand that any kind of harassment is unacceptable behavior and that you put structures and resources in place to help them identify and address these situations if they arise.   

“While policies help, it is through the day-to-day interactions with people that tell them they belong. And when your team members feel included, they can work together as a more effective team. It is good business sense to create a work environment that is fair, inclusive, and people are treated with the respect they deserve.” 

Employees who feel valued and supported are more likely to enjoy their job, which in turn can mean they will stay with you longer and do a better job. Good employees can be one of the biggest assets of a small business, so make sure yours feel like your business is a safe and welcoming place to work.

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Protecting your business from harassment claims

Even with strong prevention measures in place, harassment claims can still occur. Employment practices liability insurance (EPLI) protects your business from the financial costs of defending against claims of harassment, discrimination, wrongful termination, and other employment-related issues. This coverage pays for legal defense costs, settlements, and judgments when employees file claims against your company. EPLI is especially important for small businesses, where a single harassment lawsuit could result in devastating financial losses. Defense costs alone can reach tens of thousands of dollars even when claims are unfounded. Learn more about protecting your business with comprehensive coverage that safeguards both your employees and your company's financial future.

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Creating an effective anti-harassment policy

A written anti-harassment policy is your first line of defense against workplace harassment claims. Your policy should clearly define what constitutes harassment, provide specific examples of prohibited conduct, outline the complaint process, and explain consequences for violations. Make the policy easily accessible to all employees and require signed acknowledgment that they've read and understood it. The policy should include multiple reporting channels so employees can report harassment to someone other than their direct supervisor if needed. Review and update your policy annually to ensure compliance with current laws. Distribute the policy during new employee onboarding and post it prominently in common areas. A strong written policy demonstrates your commitment to a harassment-free workplace and provides legal protection if claimsclaims arise.

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Frequently asked questions

What should I do immediately after receiving a harassment complaint?  

Take every complaint seriously and act immediately. Thank the employee for coming forward, document the complaint in writing with specific details, and begin an investigation within 24 hours. Separate the alleged harasser from the complainant if possible without appearing to retaliate against either party. Interview witnesses, review relevant documents and communications, and maintain strict confidentiality throughout the process. Do not dismiss complaints as "misunderstandings" or pressure employees to resolve issues informally. Consult with an employment attorney if needed. Even if the complaint seems minor, proper investigation and documentation protect both your employees and your businessbusiness from future legal liability.

Am I liable for harassment committed by an independent contractor or customer?  

Yes, you can be held liable for harassment committed by non-employees if you knew or should have known about the harassment and failed to take immediate corrective action. If a client, vendor, or independent contractor harasses your employees, you must intervene. This might include asking the harasser to stop, refusing to work with them, or banning them from your premises. Your duty to provide a harassment-free workplace extends to protecting employees from all sources of harassment, not just other employees. Document incidents involving non-employees and your response. Employment practices liability insuranceEmployment practices liability insurance may cover claims arising from third-party harassment.

How often should employees receive anti-harassment training?  

Provide anti-harassment training during onboarding for all new employees and refresher training at least annually for all staff. Managers and supervisors should receive more frequent and comprehensive training because they have greater responsibility for preventing and addressing harassment. Training should cover what constitutes harassment, how to recognize it, reporting procedures, and consequences for violations. Include real-world scenarios and examples relevant to your industry. Document all training sessions with sign-in sheets and certificates of completion. Regular training demonstrates your commitment to preventing harassment and can reduce your liabilityliability if claims occur.

Can I be sued for harassment even if I have a strong anti-harassment policy?  

Yes, having an anti-harassment policy does not guarantee immunity from lawsuits. However, a well-crafted, consistently enforced policy significantly reduces your legal risk and demonstrates good faith if claims arise. Courts evaluate whether you took reasonable steps to prevent and address harassment, not just whether you had a policy on paper. If harassment occurs despite your policy, your response matters more than the policy's existence. Investigate complaints promptly, take appropriate corrective action, and document everything. Employment practices liability insurance provides financial protection when harassment claims are filed, covering legal defense costs even when you've done everything right.

What's the difference between workplace harassment and hostile work environment?  

Harassment is the conduct itself—unwelcome behavior based on protected characteristics. A hostile work environment is the result when harassment becomes severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or abusive. Not every instance of harassment creates a legally hostile work environment. A single offensive comment typically doesn't meet the legal standard, but repeated jokes, slurs, or intimidating behavior can. However, as an employer, you should address all harassment complaints regardless of whether they rise to the level of a hostile work environment. Preventing minor incidents protects employees and prevents escalation to actionable claimsclaims.

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Learn more about protecting your workplace

Business insurance 101: Everything you need to know – Understand comprehensive business insurance coverage including employment practices liability insurance (EPLI) that protects against harassment and discrimination claims.

How to choose the best insurance for your small business – Determine which types of coverage your business needs to protect against various risks, from employee claims to customer lawsuits and property damage.

Small business insurance guide – Explore coverage options designed to protect small businesses from unexpected risks, including employment-related claims and legal expenses.