What are the two types of unlawful harassment?
Asked by: Cathryn Heller Sr. | Last update: February 20, 2026Score: 4.2/5 (71 votes)
The two main types of unlawful harassment are Quid Pro Quo (this for that, involving job benefits for sexual favors or penalties for refusal) and Hostile Work Environment, which occurs when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an intimidating, offensive, or abusive environment for work or housing. Both forms are prohibited under anti-discrimination laws.
What are the two basic 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.
What are two types of harassment?
This helps provide a safe and respectful environment for all. This page addresses the types of harassment that may take place at work, including sexual harassment, civil harassment, and criminal harassment, and includes tools and resources for local governments to effectively handle workplace complaints.
What is considered 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 are the three levels of harassment?
Verbal, visual, and physical harassment are a serious issue that can have damaging effects for individuals and the entire organization. Regardless of the type of harassment, it creates an environment of fear and intimidation that can lead to long-term feelings of anxiety and depression.
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.
Can you sue for harassment without proof?
Many workers in California fear the court will not take their claim seriously if no one saw what happened, especially if they are going against someone powerful. But the truth is, you can prove harassment even without witnesses.
What do courts consider when determining unlawful harassment?
Harassment Is a Legal Standard, Not a Workplace Opinion
It is not decided by whether conduct violates an internal policy or makes someone uncomfortable. Courts apply an objective legal standard that looks at the conduct itself, the context in which it occurred, and its connection to a protected characteristic.
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 actions fall under harassment?
Examples of Harassment
- Verbal or physical abuse, threats, derogatory remarks, jokes, innuendo or taunts about appearance or beliefs.
- The display of pornographic, racist or offensive images.
- Practical jokes that result in awkwardness or embarrassment.
- Unwelcome invitations or requests, either indirect or explicit.
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 not examples of harassment?
Behaviours that are not considered harassment are those that arise from a relationship of mutual consent. A hug between friends, mutual flirtation, and a compliment on physical appearance between colleagues are not considered harassment.
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 two examples of harassment?
4. What are the examples of harassment in the workplace? Workplace harassment involves unwelcome behavior that creates a hostile or intimidating work environment. This can include verbal abuse, offensive jokes, physical threats, and discrimination based on protected characteristics like race, gender, or religion.
What are the forms of illegal 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 proof do you need to sue for harassment?
To sue for harassment, you need credible evidence proving severe or pervasive offensive conduct created a hostile environment, including detailed logs (dates, times, incidents), digital communications (texts, emails), witness statements, and potentially photos, recordings, or medical records, all showing a pattern that affected your ability to work or live, supported by documentation of your complaints to management or HR.
What does unlawful harassment include?
Workplace harassment is unwelcome conduct based on a person's race, color, religion, sex, national origin, older age, disability, or genetic information. Harassment includes: Offensive jokes, objects, or pictures. Name-calling.
What is the burden of proof for harassment?
BURDEN OF PROOF
This is the standard that civil courts use in discrimination and harassment cases. This standard is also called “more likely than not” – the investigator is making a finding that it more likely than not that the conduct alleged occurred, or more likely than not that it did not occur.
What evidence helps a harassment case?
Save Digital Evidence Like Texts, Emails, and Chat Messages
Harassing text messages from a supervisor after hours, crude memes in a group chat, flirtatious or demeaning emails, or inappropriate comments in internal messaging platforms can all be important forms of evidence.
What is the average payout for harassment?
Settlements Vs.
While the average settlement is under $37,000, another study found that when harassment lawsuits go to trial, the average payout increases to $217,000. This considerable difference is partly because cases that are deemed severe are more likely to require a court trial to prove.
How can I prove that someone is harassing me?
Types of Evidence Used in Harassment Cases
- Witness Testimony. This is a direct account of someone who experienced, heard, and saw the alleged behaviors firsthand. ...
- Audio or Video Recordings. ...
- Photographs. ...
- Emails, Text Messages, Social Media. ...
- Medical Records or Reports.
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
How is intent proven in these cases?
Intent to commit a crime must be proven beyond a reasonable doubt with either direct or circumstantial evidence. First, the crime itself, meaning what did the accused person do? Then, their intent, meaning what did this person think when the alleged crime took place?
What's the worst felony you can get?
The "worst" felony is typically a Capital Felony, often defined as premeditated murder, treason, or espionage, carrying penalties of life imprisonment or the death penalty, though federal systems classify the most severe as Class A felonies, which also include murder, terrorism, and large-scale drug trafficking, punishable by life in prison or the death penalty. Specifics vary by state, but generally, the most serious crimes (like first-degree murder, aggravated sexual assault, arson causing death) fall into the highest categories (Class A, First Degree, Capital).