What characterizes unlawful harassment?

Unlawful harassment is characterized by unwelcome conduct related to an individual’s protected characteristics, such as race, gender, or age. This type of behavior creates an intimidating, hostile, or offensive environment for the targeted individual. The defining factor is that the conduct is not only unwelcome but also related specifically to attributes that are protected under anti-discrimination laws.

In this context, it is essential to recognize that jokes or comments, even if intended to be friendly or humorous, can contribute to a hostile environment if they touch upon sensitive topics like race or gender, but they do not automatically constitute harassment unless they are unwelcome and pervasive enough to create such an environment. Performance evaluations based solely on age could reflect discriminatory practices, but they are a separate issue related to employment policies rather than harassment itself. Additionally, encouraging self-deprecation among employees may not directly pertain to harassment but could foster an unhealthy workplace culture if misused. Understanding that unwelcome conduct centered on specific protected classes is essential in identifying and preventing unlawful harassment.