You have spent years in the workforce. Along the way, you may have formed strong ideas about what workplace harassment looks like. Some of those ideas may feel like common sense. Wisconsin law, however, often sees things differently; it may recognize your situation even if you do not.
Myth 1: It only counts if it keeps happening
You may believe that one incident is not enough to support a harassment claim. A pattern of behavior does strengthen your case, but you can also base your claim on a single incident only if you experience conduct so severe that it creates an objectively hostile work environment. This may include physical assault or quid pro quo sexual harassment where you are promised a reward if you accept the sexual requests or a punishment if you reject the sexual requests.
This standard applies under both Title VII of the Civil Rights Act and the Wisconsin Fair Employment Act (WFEA) with the Wisconsion protection applying even to employers with just one or more employees.
Myth 2: Only sexual conduct crosses the legal line
You may think that harassment law only covers sexual behavior. In reality, the law covers conduct targeting any protected class. If a supervisor or coworker targets you because of your race, religion, national origin, age or disability, that conduct can rise to the level of a legal violation. Comments alone may be sufficient to make a sexual harassment claim when they are repeated and intefere with your ability to perform your job.
Myth 3: Reporting to HR settles the matter
You may believe that filing an HR report is the final step in addressing a harassment concern and many employees believe that HR will be on their side. But, remember, HR works for the organization, not for you. That complaint is one step in your process, but it does not protect your legal rights on its own.
Nevertheless, your HR complaint creates a record and may trigger anti-retaliation protections. In Wisconsin, you may also need to file with the Equal Rights Division or EEOC within a 300-day filing deadline to preserve your right to sue.
Your discomfort at work may already have a legal name
Years in the workforce do not guarantee knowledge of what your employer can and cannot legally do. What feels like a personality conflict or a hostile coworker may already fall within a legal definition that applies to your situation. Wisconsin law offers you real protections, and many workers do not discover those protections until it is too late to use them.