What are the two basic types of unlawful harassment?
Asked by: Grace Greenholt | Last update: February 11, 2026Score: 4.4/5 (65 votes)
According to the U.S. Equal Employment Opportunity Commission (EEOC) and federal law, the two basic types of unlawful workplace harassment are:
What are the two types of unlawful harassment?
There are two basic types of unlawful workplace harassment: harassment that results in a “tangible employment action” (also referred to as “Quid Pro Quo”) and “hostile work environment” harassment. A tangible employment action is a significant change in employment status.
What are the two types of harassment claims?
There are two main categories of harassment based on protected class: "quid pro quo" harassment and "hostile work environment" harassment. An employee may suffer one or both types of harassment simultaneously, depending on the circumstances.
What is unlawful harassment?
Unlawful harassment is unwelcome conduct based on a protected characteristic (like race, sex, religion, disability, age, etc.) that is so severe or pervasive it creates a hostile work environment or results in an adverse employment action (like firing or demotion). It's more than just rude behavior; it must be linked to a protected trait and significantly disrupt someone's job or employment terms, often involving slurs, offensive jokes, physical threats, or intimidation.
What is level 2 harassment?
Harassment in the second degree means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress.
Workplace Harassment Explained by Lawyer
What does 1st, 2nd, and 3rd degree mean?
"First, second, and third degree" denote levels of severity, with first being most severe and third least severe (or sometimes a middle ground), depending on the context, commonly seen in burns (skin layers affected), criminal law (intent/premeditation), and family relations (closeness of blood tie), though specific definitions vary by jurisdiction and field.
What is section 2 harassment?
In order for a person to be found guilty of the offence of harassment under section 2, the Prosecution would need to prove the following: That the defendant pursued a course of conduct against another; This conduct amounted to harassment; and. The defendant ought to have known that this conduct amounted to harassment.
What are two types of unlawful employment discrimination?
What Types of Employment Discrimination are Illegal?
- Race.
- Color.
- Religion.
- National origin.
- Sex (including pregnancy, childbirth, and related medical conditions, sexual orientation, or transgender status)
- Age (40 and older)
- Disability.
Is unlawful discrimination or harassment?
What behaviour is unlawful? Under the Act, it is unlawful to discriminate, harass or victimise someone because they have or are perceived to have a “protected characteristic” or are associated with someone who has a protected characteristic.
What are the three factors of unlawful workplace harassment?
The three common factors for determining unlawful workplace harassment under U.S. federal law are that the conduct must be unwelcome, severe or pervasive, and interfere with the victim's job performance, creating a hostile work environment based on a protected characteristic (like race, sex, religion). The Equal Employment Opportunity Commission (EEOC) provides guidance, looking at frequency, severity, humiliation, and impact on work to assess if an environment is hostile.
What are the 5 ds of harassment?
The 5Ds are different methods – Distract, Delegate, Document, Delay, and Direct – that you can use to support someone who's being harassed, emphasize that harassment is not okay, and demonstrate to people in your life that they have the power to make their community safer.
What are two types of harassment complaints: quid pro quo and negligent hiring hostile environment and quid pro quo hostile environment and retaliation all of the above?
Sexual harassment can take many forms, and its severity can vary depending on the circumstances. Under federal and New York state law, two types of sexual harassment are typically recognized: quid pro quo harassment and hostile work environment harassment.
What are the 9 grounds of harassment?
Harassment and discrimination. S32 EE Act. Harassment that is based on the following grounds— marital status, family status, sexual orientation, religion, age disability, race, or Traveller community ground— is a form of discrimination in relation to conditions of employment.
What are the different types of harassment?
Forms of Harassment
- Sexual Harassment/Harassment based on sex. ...
- Harassment based on race, ethnicity, color, and/or national origin. ...
- Harassment based on physical, cognitive, mental disability or “regarded as” having a disability. ...
- Harassment based on religion or creed. ...
- Harassment based on age (40 or older).
Which of the following are examples of unlawful verbal harassment?
Verbal harassment includes comments that are offensive or unwelcome regarding a person's nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability or appearance, including epithets, slurs and negative stereotyping.
What are the protected characteristics of unlawful harassment?
The protected characteristics covered by the laws the EEOC enforces are race, color, religion, sex (including sexual orientation; transgender status; and pregnancy, childbirth, or related medical conditions)[1], national origin, disability, age (40 or older), and genetic information (including family medical history).
What is an example of unlawful harassment?
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
What behaviour is unlawful?
Under the Equality Act 2010, it is unlawful to discriminate, harass or victimise someone because they have, or are perceived to have, a 'protected characteristic' or, are associated with someone who has a protected characteristic.
What makes harassment unlawful?
It can also include offensive comments about someone's sex. Sexual harassment is unlawful when: It is so frequent and severe that it creates a hostile or intimidating work environment. It results in an adverse employment decision (ex: the person is demoted, denied promotion, suspended, or fired).
What are the two main types of discrimination?
direct discrimination – less favourable treatment directly because of a protected characteristic. indirect discrimination – when everyone's treated the same but people with a protected characteristic are put at a disadvantage. harassment – unwanted or offensive behaviour related to a protected characteristic.
What is unlawful discrimination?
(4) The term “unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.
What are the 12 types of discrimination?
While there isn't a universally fixed list of exactly 12, U.S. law, particularly through the EEOC, protects against discrimination based on core categories like Race, Color, Religion, Sex (including pregnancy, gender identity, sexual orientation), National Origin, Disability, Age (40+), and Genetic Information, with Retaliation also being a key protected area; other variations add bases like Military Status, Marital Status, or Ancestry, often totaling around a dozen key protected characteristics in employment and broader contexts.
What evidence do you need for harassment?
To prove harassment, you need a detailed log of incidents (dates, times, locations, what happened), supported by tangible evidence like emails, texts, photos, videos, and witness statements, plus documentation of your complaints and the harasser's responses, showing the conduct was unwelcome, severe/pervasive, and based on a protected characteristic (like sex, race, etc.). Medical records showing impact and formal reports to HR/police also significantly strengthen a case.
What are three things that are considered harassment?
The three primary types of harassment often categorized are Verbal/Written, Physical, and Visual, though harassment also falls under broader themes like sexual, discriminatory (race, gender, religion), and psychological bullying, creating intimidating environments through offensive jokes, unwanted contact, threats, or hostile displays, with sexual harassment specifically including "quid pro quo" (favor for favor) and hostile environment forms.
Is verbal harassment a crime?
Is Verbal Harassment a Crime? Verbal harassment is grounds for incurring legal consequences in three specific situations. Threats of Violence: When it involves threats of harm. Defamation: When false statements damage your reputation.