A joke between you and your coworkers may seem harmless on its own, but when repeated comments revolve around your race, religion or background, you might be wondering if a line has been crossed. It may not always be obvious, and like many workers in Idaho, you may be unsure of when you can take action.
Defining harassment under the law
Workplace harassment is a form of employment discrimination. It targets a person based on a protected trait such as race, color, religion, sex, national origin, age, disability or genetic information. The Idaho Human Rights Act covers many of these same traits at the state level.
Federal courts and the Idaho Human Rights Commission (IHRC) both evaluate harassment claims by looking at the totality of circumstances. They consider how often the conduct occurred and how severe it was. They also look at whether it involved physical threats or humiliation and whether it got in the way of your ability to perform your job.
Recognizing when teasing becomes unlawful
Not every bad interaction at work rises to the level of harassment. The conduct must be severe or widespread enough to create a setting that a reasonable person would find hostile, abusive or threatening.
A single offhand joke, even one in poor taste, typically does not amount to harassment under the law. However, repeated jokes, slurs or mockery aimed at someone because of their race, religion or similar traits can build into a pattern that meets the legal standard.
Physical conduct adds another layer. Unwanted touching, blocking a person’s path or making threatening gestures alongside verbal teasing can push borderline behavior into clearly unlawful territory.
You should also be aware that harassment does not have to come from a supervisor. Coworkers, clients and even vendors can create a hostile work environment, and your employer may still bear responsibility depending on the circumstances.
Pursuing legal remedies
Filing an internal complaint with your employer’s human resources department is often a reasonable first step. Many employers have formal grievance procedures, and using them creates a record showing that the company was put on notice.
If that fails, you can file a formal charge of discrimination with the IHRC or the Equal Employment Opportunity Commission (EEOC). Both agencies have the authority to investigate your claim, gather evidence and attempt to resolve the dispute through mediation or conciliation.
There are deadlines you also need to know about. You generally have one year from the last discriminatory act to file with the IHRC and 300 days to file with the EEOC.
Finally, you cannot move forward with a civil lawsuit without going through these agencies. Either the EEOC or the IHRC must first issue a right-to-sue letter or a notice of dismissal. You receive this after the agency closes its investigation, and only then can you file a case in court.