Key Definitions

Before we continue, click each term below to reveal its definition. These terms will be used throughout this module (as recognized by the Equal Employment Opportunity Commission or EEOC).

+ Discrimination

+ Harassment

+ Sexual Harassment

+ Retaliation

+ Protected Activity

Discrimination

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Discrimination is the unfair or unequal treatment of an individual (or group) based on certain characteristics. Title VII of the Civil Rights Act of 1964 and other Federal Discrimination laws prohibit employee discrimination based on race, color, religion, age, sex, national origin, and genetic information (as noted earlier, many states prohibit discrimination based on other protected characteristics as well).

The types of employment-related discrimination prohibited by the law include:

  • Compensation, work assignment, or classification of employees
  • Hiring, discipline, and discharge
  • Job advertisements
  • Measuring performance
  • Pay, retirement plans, and disability leave
  • Providing benefits
  • Recruitment
  • Testing
  • Training
  • Transfer, promotion, layoff, or recall
  • Use of company facilities
  • Other terms and conditions of employment

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Harassment

Federal Law

Harassment is unwelcome conduct that is based on protected characteristics. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

New York

For New York City and New York State employees, harassment on the basis of any protected characteristic, or because the individual has opposed any harassment claim, or participated in a harassment proceeding, is unlawful regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims.

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Sexual Harassment

Sexual harassment is a form of sex discrimination that violates both state, federal, and (where applicable) local law. It includes unwelcome sexual advances or requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment. Sexual harassment does not have to be motivated by sexual desire, but can be motivated by an individual’s actual or perceived sex, gender expression, sexual orientation, gender identity, pregnancy and the status of being transgender.

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Retaliation

Retaliation is any action taken to alter an employee’s terms and conditions of employment (such as a demotion or sudden change in work schedule or location) because that individual made a complaint about harassment; made a report of suspected harassment; filed a formal complaint about harassment; opposed discrimination; assisted another employee who is complaining of harassment or discrimination; provided information during a workplace investigation of harassment or discrimination; or testified in connection with a complaint of harassment or discrimination filed with a government agency or in court.

Individuals engaging in these protected activities should expect to be free from any negative actions by supervisors, managers, fellow employees, or the employer motivated by these protected activities.

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Protected Activity

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Protected Activity with regard to harassment includes:

  • Making a complaint to a supervisor, manager or another person designated by your employer to receive complaints about harassment.
  • Making a report of suspected harassment, even if you are not the target of harassment.
  • Filing a formal complaint about harassment whether internally or to a government agency.
  • Opposing discrimination.
  • Assisting another employee who is complaining of harassment or discrimination.
  • Providing information during a workplace investigation of harassment or discrimination, or testifying in connection with a complaint of harassment or discrimination filed with a government agency or in court.

For a complete list of definitions, click the glossary icon above.

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